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Further Advice Response

Attached to the e-mail MCU20/0037 - Response to Further advice - 11 Margit Crescent Sunrise Beach.

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Date:                 5 November 2020
Our Reference:        J000856
Your Reference:       MCU20 / 0037


Attention: Patrick Murphy
Noosa Council
PO Box 141
TEWANTIN QLD 4565


Dear Patrick,

 Site Address:               11 Margit Crescent, Sunrise Beach
 Property Description:       Lot 135 on RP132135
 Method of Distribution:     Email ([email protected] /
                             [email protected])
 Correspondence              Response to Further Advice Letter Pursuant to s.35 of the
 Subject:                    Development Assessment Rules

We write on behalf of the applicants, Lucy Jane Cottee and Christopher Graham Ferraro,
regarding the abovementioned development application.

On 7 September 2020, a further advice notice was issued by Noosa Council, as assessment
manager.

The following provides a response to the further advice notice and is to be considered in
conjunction with the following detailed attachments:

 Attachment A – Further Advice Notice issued by Noosa Council

 Attachment B – Revised Architectural Plans prepared by OH Architecture

 Attachment C – Revised Landscape Plans prepared by OH Architecture

 Attachment D – Vehicular Site Access Advice prepared by TTM Consulting

Based on this response to the further advice notice, we request that the assessment manager
proceed to decide the development application, subject to reasonable and relevant conditions.

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Page 2

CHANGES

The applicant provides notice to the assessment manager in accordance with s.52 of the
Planning Act 2016 of a minor change to the development application. The minor change relates
to the following changes depicted by the revised architectural plans at Attachment B and the
revised landscape plans at Attachment C :

 A reduction in the site cover of the proposed development from 45% (285m2) to 43%
  (273m2).

 An increase in the plot ratio of the proposed development from 0.45 or 286m2 of gross
  floor area to 0.50 or 319m2 of gross floor area.

 An increase in the landscape area of the proposed development from 33% (210m2) to 34%
  (218m2).

 An increase in the side / northern boundary setback (Dwelling Unit 01) to the living room
  from 1.610m to 2.000m.

 An increase in the side / southern boundary setback (Dwelling Unit 02) to the living room
  from 1.610m to 2.000m.

 An increase in the side / northern boundary setback (Dwelling Unit 01) to the multi purpose
  room from 1.610m to 2.000m and master bedroom from 2.000m to 2.500m.

 The removal of the void along the side / northern boundary setback (Dwelling Unit 01) and
  inclusion of a walk in robe for the master bedroom.

 An increase in the side / southern boundary setback (Dwelling Unit 02) to the multi
  purpose room from 1.610m to 2.000m and master bedroom from 2.000m to 2.500m.

 The removal of the void along the side / southern boundary setback (Dwelling Unit 02)
  and inclusion of a walk in robe for the master bedroom.

 The removal of the louvres to the master bedroom on the side / northern boundary
  (Dwelling Unit 01) and inclusion of fixed glazing with a minimum sill height of 1.650m.

 The removal of the fixed glazing to the void on the side / northern boundary (Dwelling Unit
  01) and inclusion of weatherboards.

 The removal of the louvres to the master bedroom on the side / southern boundary
  (Dwelling Unit 02) and inclusion of fixed glazing with a minimum sill height of 1.650m.

Page 3

 The removal of the fixed glazing to the void on the side / southern boundary (Dwelling
  Unit 02) and inclusion of weatherboards.

 An increase in the width of the footpath along the full width of the road frontage (Margit
  Crescent) from 1.200m to 1.800m.

 The removal of full height wall previously separating the pedestrian entry / driveways of
  Dwelling Unit 01 and Dwelling Unit 02 and replacement with a half height fence.

In accordance with s.52(3) of the Planning Act 2016 and Development Assessment Rules
(Version 1.3), the minor change does not affect the development assessment process.

Notwithstanding that the vast majority of the changes are made in direct response to the
further advice notice, the changes are also considered to be a minor change in accordance with
the definition of a minor change under the Planning Act 2016 (Schedule 2) where not resulting
in:

 substantially different development;

 the inclusion of prohibited development;

 additional referral agencies; or

 a change in the category of assessment or category of development.

Table 1 below provides an analysis of the changes incorporated since lodgment of the
development application on 20 April 2020, including the information request response dated
13 August 2020.

Table 1 – Comparison

 Aspect                           Development         Information Request              Further Advice
                                    Application                 Response                    Response

 Building Height:          A maximum of two (2)      A maximum of two (2)       A maximum of two (2)
                             storeys and 8.450m        storeys and 7.950m         storeys and 7.950m
                                            AHD                       AHD                        AHD

 Roof Height:                         RL 48.020                  RL 47.400                  RL 47.400

 Car Parking:              A minimum of two (2)       A minimum of two (2)       A minimum of two (2)
                         resident spaces within a   resident spaces within a   resident spaces within a

Page 4

                      side by side garage and     side by side garage and     side by side garage and
                          one (1) visitor space       one (1) visitor space       one (1) visitor space

Site Cover:                              46%                         45%                         43%

Plot Ratio:                              0.49                        0.45                        0.50

Gross Floor Area:                       311m2                      286m2                       319.m2

Front / Eastern              Basement Level              Basement Level              Basement Level
Boundary Setback:          5.190m (Bin Store)          5.190m (Bin Store)         6.090m (Bin Store)
                             7.610m (Garage)             7.610m (Garage)             7.610m (Garage)
                                 Lower Level                 Lower Level                 Lower Level
                         5.195m (Green Roof)        6.000m (Green Roof)          .000m (Green Roof)
                      8.110m (Outdoor Room)       9.085m (Outdoor Room)       9.085m (Outdoor Room)
                                  Upper Level                 Upper Level                 Upper Level
                          8.110m (Screening)          9.130m (Screening)          9.130m (Screening)

Side / Northern              Basement Level              Basement Level              Basement Level
Boundary Setback          0.000m (Bin Store)          0.960m (Bin Store)          0.960m (Bin Store)
(Dwelling Unit 01):         0.960m (Garage)             0.960m (Garage)              0.960m (Garage
                                 Lower Level                 Lower Level                 Lower Level
                        1.610m (Living Room)        1.610m (Living Room)       2.000m (Living Room)
                                  Upper Level            3.460m (Dining)             3.460m (Dining)
                          2.000m (Bedroom)                    Upper Level                 Upper Level
                                                   1.610m (Multi Purpose)     2.000m (Multi Purpose)
                                                           3.460m (Void)              2.850m (Robe)
                                                        2.000m (Master)             2.500m (Master)

Side / Southern              Basement Level              Basement Level              Basement Level
Boundary Setback          0.000m (Bin Store)          0.960m (Bin Store)          0.960m (Bin Store)
(Dwelling Unit 02):
                                 Lower Level            0.960m (Garage)              0.960m (Garage
                        1.610m (Living Room)                 Lower Level                 Lower Level
                                  Upper Floor       1.610m (Living Room)       2.000m (Living Room)
                          2.000m (Bedroom)               3.460m (Dining)             3.460m (Dining)
                                                              Upper Level                 Upper Level
                                                   1.610m (Multi Purpose)     2.000m (Multi Purpose)
                                                           3.460m (Void)              2.850m (Robe)
                                                        2.000m (Master)             2.500m (Master)

Page 5

 Rear / Western                        6.690m                 6.690m                 6.690m
 Boundary Setback:

 Building Length:                     18.805m                17.785m                17.785m

 Footpath Width                  Not Applicable               1.200m                 1.800m

 Floor Levels

 Dwelling Unit 01

 Basement Level (Floor):            RL 38.000              RL 38.000              RL 38.000

 Basement Level (Ceiling):          RL 40.700              RL 40.600              RL 40.600

 Lower Level (Floor):                RL 41.100             RL 40.850              RL 40.850

 Lower Level (Ceiling):             RL 43.900              RL 43.550               RL 43.550

 Upper Level (Floor):               RL 44.250              RL 43.850               RL 43.850

 Upper Level (Ceiling):             RL 46.950              RL 46.350               RL 46.350

 Driveway Width:                       3.600m                3.000m                  3.000m

 Dwelling Unit 02

 Basement Level (Floor):            RL 38.200              RL 38.200             RL 38.200m

 Basement Level (Ceiling):          RL 40.700              RL 40.600             RL 40.600m

 Lower Level (Floor):                RL 41.100             RL 40.850             RL 40.850m

 Lower Level (Ceiling):             RL 43.900              RL 43.550             RL 43.550m

 Upper Level (Floor):               RL 44.250              RL 43.850             RL 43.850m

 Upper Level (Ceiling):             RL 46.950              RL 46.350             RL 46.350m

 Driveway Width:                       3.600m                3.000m                  3.000m


Table 1 demonstrates that the applicants have incorporates substantial changes to the
proposed development, in particular to the building height and setbacks, since lodgment of the
development application on 20 April 2020 The proposed development is entirely consistent
with the purpose and overall outcomes of the Eastern Beaches Locality Code.

Page 6

FURTHER ADVICE RESPONSE

Site Cover


 Issue

 Site Cover – The maximum permissible site cover is 40%.

 Site cover for the proposed development has calculated to be approximately 48.5%, a plan
 detailing how site cover has been calculated is attached.

 Advice Required

 1.   Amended plans which provide for a site cover which does not exceed 40%


Applicant’s Response

The revised architectural plans at Attachment B provide a site cover of 43% (273m2) which is
shown diagrammatically on Proposed Site Coverage (20 – 003, DA 184, Revision C).

The site cover has been reduced by 3% (19m2) since lodgement of the development
application, as follows:

 46% (292m2) at lodgement of the development application (20 April 2020); and

 45% (286m2) at lodgement of the information request response (13 August 2020).

A copy of the information used by the assessment manager to estimate the site cover as being
48.5% (308m2) has been included at Extract 1.

Page 7

                                  Extract 1 – Site Cover Annotations
                                       Source – Noosa Council


The difference between the site cover calculation appears to be attributed to the inclusion, by
the assessment manager, of the turf / landscaping immediately to the side / north of Dwelling
Unit 01 and the immediately to the side / south of Dwelling Unit 02, refer to Extract 2 .




                 Extract 2 – Proposed Lower Floor Plan (20 – 003, DA 103, Revision C)
                                      Source – OH Architecture

Page 8

For clarity, the definition of site cover under the Noosa Plan 2006 is as follows:

       Site Cover means the proportion of a site covered by all buildings and structures shown
       as a percentage. For enclosed spaces this includes the area within the outside wall and
       for unenclosed spaces this includes the area measured along a line 600mm in from the
       perimeter of the roof. Site cover includes garages and other roofed out buildings, but
       does not include landscape structures such as in ground pools and decks.

The turf / landscaping immediately to the side / north of Dwelling Unit 01 and the immediately
to the side / south of Dwelling Unit 02 is a landscape structure which is not located
immediately above a building or structure or immediately below a building or structure.

Despite the above mentioned, there remains a minor exceedance from specific outcome O7 of
the Eastern Beaches Locality Code which requires:

       Site Cover
       O7
       ...
       d. for the Attached Housing Zone does not exceed, in Sunshine Beach, 35% or
           otherwise 40%; or
       ...

The minor exceedance from specific outcome O7 of the Eastern Beaches Locality Code is
limited to 3% (19m2) and is inconsequential and does not result in any adverse impacts on or
within the street (Margit Crescent) including any additional overlooking, any reduction in
privacy or an inconsistent built form, in terms of scale, bulk or height.

The revised architectural plans at Attachment B demonstrate the proposed development does
not have unduly impact on the adjoining buildings located immediately to the north (13 Margit
Crescent – Lot 134 on RP132135) and located immediately to the south (9 Margit Crescent –
Lot 136 on RP132135).

As noted within the information request response (13 August 2020), s.2.8.2 of the Noosa Plan
2006 clearly outlines that “the probable solutions identified in the Noosa Plan 2006 are not
exhaustive and alternative solutions that achieve the overall outcomes and purpose of the
applicable codes may be proposed by applicants”.

As demonstrated by Table 2 , the proposed development complies with the overall outcomes
of the Eastern Beaches Locality Code.

Page 9

Table 2 – Eastern Beaches Locality Code Overall Outcomes

 Overall Outcome                                            Response
        New uses and works are located, designed and       Complies
         managed to:                                        The proposed development involves Multiple
       i.   be compatible with other uses and works;        Housing (Type 2 – Duplex) which:
      ii.   maintain the safety of people and works;
                                                               is consistent with Margit Crescent and the form
     iii.   avoid significant adverse impacts on the
                                                                anticipated within the Attached Housing Zone of
            amenity enjoyed by users of other
                                                                the Eastern Beach Locality;
            premises, including acoustic and visual
                                                               does not adversely impact on the safety of
            qualities;
                                                                people where involving Multiple Housing (Type
     iv.    avoid significant adverse impacts on the
                                                                2 – Duplex);
            natural environment, including native
                                                               does not have any significant impacts within
            habitat removal, fragmentation and attrition;
                                                                Margit Crescent including any adverse acoustic
            and
                                                                qualities and adverse visual qualities;
      v.    protect the natural beach experience and
                                                               does not involve the removal of native
            overall visual amenity for beach users.
                                                                vegetation and does not adversely impact on the
                                                                natural environment; and
                                                               is located 400.0m to the west of the Pacific
                                                                Ocean and does not impact on the visual
                                                                amenity of Sunrise Beach.

      Development is consistent with the priority          Complies
       infrastructure plan in Part 15                       The proposed development is consistent with the
                                                            priority infrastructure plan / local government
                                                            infrastructure plan (Part 15) where involving Multiple
                                                            Housing (Type 2 – Duplex) within the Attached
                                                            Housing Zone of the Eastern Beaches Locality.

      The locality is an elongated nodal development       Complies
       stretching along the David Low Way beside the        The site is located within the Eastern Beaches
       coast, with boundaries generally defined by          Locality being west of David Low Way, south of
       Noosa National Park in the north, the Pacific        Noosa National Park and east of Lake Weyba.
       Ocean in the east, the Shire boundary in the
       south and Mary Ann Drive, Win Road, Clarendon
       Road, Lake Weyba and Noosa National Park in
       the west

      The Eastern Beaches Locality is a mature coastal     Complies
       urban area comprising five (5) small                 The site is located within Sunrise Beach and the
       communities, each with a separate identity           proposed development where involving Multiple
                                                            Housing (Type 2 – Duplex) contributes to a “high

Page 10

                                                             proportion of detached houses and some multiple
                                                             housing and is attractive to families and permanent
                                                             residents for its relatively easy access to the beach
                                                             and local services and facilities”.

     The Eastern Beaches Locality retains its primary       Complies
      role as a residential area, though continues to        The site is located within the Attached Housing Zone
      provide some visitor accommodation and a               of the Eastern Beaches Locality and the proposed
      range of local retail and commercial functions at      development involves Multiple Housing (Type 2 –
      Sunshine Beach, Sunrise Beach and Peregian             Duplex).
      Beach

     Urban development is limited to land within the        Complies
      urban footprint as shown on Map ZM4                    The site is located within the Urban Growth
                                                             Boundary for the Eastern Beaches Locality.

       The scale and form of buildings and other            Complies
        structures are:                                      The proposed development provides a bulk, scale
      i.     designed to be responsive to the informal       and form which is consistent with Margit Crescent
             beachside character of the locality, being      and community expectations, including but not
             low rise buildings, with pitched or curved      limited to:
             roofs and building materials that blend with
                                                                a low rise form;
             the dune and coastal landscape;
                                                                a pitched roof form;
     ii.     in keeping with the surrounding streetscape
                                                                a combination of building materials;
             and landscape qualities;
                                                                a landscaped character; and
    iii.     integrated into the topography and native
                                                                a site responsive design.
             vegetation of the dune system which
             dominates the locality; and
    iv.      consistent with the amenity and safety
             expectations of the community.

       Residential development is characterised by:         Complies
      i.    low impact buildings of a domestic scale         The proposed development provides a site
            within densely landscaped settings;              responsive form which is consistent with the coastal
     ii.    building designs that are well articulated and   vernacular, including a densely landscaping setting
            that use design elements, materials that         and an articulated low rise form.
            respect the coastal landscape character;
    iii.    building designs that avoid hard lines and
            boxy shapes characteristic of Mediterranean
            / Tuscan influenced design;
    iv.     detached housing and duplexes as the
            dominant development form; and

Page 11

    v.       low rise multiple housing development that
             is limited to the areas within the vicinity of
             the Sunshine Beach Neighbourhood Centre.

        Emphasis is placed on the protection and             Not Applicable
         retention of low cost accommodation consistent       The proposed development does not involve the
         with maintaining a diversity of accommodation        demolition or removal of low cost accommodation.
         types for visitors to the locality

        The locality’s complex dune system, forming          Not Applicable
         protected valleys and exposed ridges leading to      The site is located approximately 400.0m to the west
         the Pacific Ocean or wetlands on the shores of       of the Pacific Ocean and 3.2km to the east of Lake
         Lake Weyba is protected                              Weyba.

        The rocky outcrop of Noosa Heads that forms          Not Applicable
         the foundation of the dune and the deep              The site is located approximately 2.8km to the south
         depressions of the drainage systems define the       of Noosa Heads.
         boundary of developed communities and are
         protected

        The especially deep eastern drainage systems         Not Applicable
         including Sunshine, Burgess, Castaways, Marcus       The proposed development does not impact on the
         and Peregian Creeks are protected                    drainage systems of:
                                                                 Sunshine Creek
                                                                 Burgess Creek
                                                                 Castaways Creek
                                                                 Marcus Creek
                                                                 Peregian Creek

       Particular values of the landform and landscape       Not Applicable
        are maintained and protected including:               The site is located approximately 400.0m to the west
      i.     Lake Weyba and associated coastal                of the Pacific Ocean and 3.2km to the east of Lake
             wetlands which form an integral part of the      Weyba.
             vistas to the west;
     ii.     the beach and the natural fore dune system
             stretching along the beachfront; and
    iii.     the coastal dunes, creeks and lagoons,

        The large diversity of indigenous vegetation,        Not Applicable
         supported by the dunes and wetlands including        The proposed development does not involve the
         wetland communities, stunted heath land              removal of vegetation and will not impact on dune
         communities and higher eucalypt communities,         stability where the site is located approximately
         are maintained and protected for dune stability      400.0m to the west of the Pacific Ocean.

Page 12

    and attractive vistas from the David Low Way
    and the beach

   The fore dunes, coastal dunes and lowland             Not Applicable
    habitats supporting a wide variety of fauna are       The proposed development will not impact on fore
    protected                                             dunes or coastal dunes where the site is located
                                                          approximately 400.0m to the west of the Pacific
                                                          Ocean.

   Where development is not served by sewerage           Not Applicable
    infrastructure, there is no adverse impact on         The site is serviced by sewerage infrastructure and
    ground and surface water quality, human health        the proposed development does not involve onsite
    and amenity as a consequence of the onsite            effluent disposal.
    disposal of effluent

   The environmental and cultural heritage values        Not Applicable
    of the locality are conserved and well managed        The proposed development does not impact on
                                                          environmental values or cultural heritage values.

   Areas of native remnant or regrowth vegetation,       Not Applicable
    including their biodiversity and habitat values are   The proposed development does not involve the
    protected                                             removal of vegetation, including native remnant
                                                          vegetation or regrowth vegetation

   The beaches, watercourses, Weyba Lake                 Not Applicable
    system, Noosa National Park, high dunes and           The site is located approximately 400.0m to the west
    wetlands are protected and form the basis of an       of the Pacific Ocean, approximately 3.2km to the east
    extensive, accessible and usable open space           of Lake Weyba and approximately 2.8km to the
    network extending beyond the locality                 south of Noosa Heads.

   Access to the fore dune and beachfront areas is       Not Applicable
    provided via formalised communal access points        The proposed development will not impact on fore
    designed to protect dunal systems                     dunes or beach front areas where the site is located
                                                          approximately 400.0m to the west of the Pacific
                                                          Ocean.

   Vegetated views from the beach and the David          Not Applicable
    Low Way are protected from the potential              The proposed development does not involve the
    impacts of development                                removal of vegetation and the site does not provide a
                                                          vegetated view form Sunrise Beach or David Low
                                                          Way.

Page 13

   Aircraft safety is maintained within the              Complies
    operational airspace of the Sunshine Coast            The proposed development involves a low rise built
    Airport                                               form which will not impact in the operational airspace
                                                          associated with the Sunshine Coast Airport.

   Access to the coastal areas is maintained north       Not Applicable
    south along the David Low Way and provides            The site is located approximately 166.0m to the west
    constantly changing vistas of the ocean and           of David Low Way and the proposed development
    vegetated dune system, curving between                does not impact access to Sunrise Beach.
    densely vegetated national park to the west and
    wallum plains

   The northern part of the locality provides high       Complies
    levels of convenience and accessibility, via the      The site is located within the northern area of the
    David Low Way, to the urban services of Noosa         Eastern Beaches Locality Plan and maintains
    Junction and Noosa Heads                              convenience and accessibility to Noosa Junction and
                                                          Noosa Heads

   The southern part of the locality provides            Not Applicable
    moderate levels of accessibility to the urban         The site is located within the northern area of the
    services of Noosa Junction and Noosa Heads,           Eastern Beaches Locality Plan.
    and services at Coolum and Noosaville

   Peregian Beach provides local convenience             Not Applicable
    shopping, business and community services             The site is not located within Peregian Beach.

   A range of sport, recreation and community            Not Applicable
    facilities are provided in the north west of the      The site is located within the northern area of the
    locality, including sports ovals, schools, churches   Eastern Beaches Locality Plan.
    and a community hall with Peregian Beach also
    providing a community centre, tennis club and
    surf club

   An extensive open space system and passive            Not Applicable
    recreation opportunities are offered by the           The proposed development does not impact on open
    foreshore parks and reserves and Noosa                space and passive recreation opportunities within
    National Park                                         Sunrise Beach or Noosa National Park.

   Water supply and sewerage is provided to the          Complies
    urban communities of Sunshine Beach, Sunrise          The site is located within Sunrise Beach and is
    Beach, Castaways Beach, Marcus Beach and              serviced by water supply infrastructure and
    Peregian Beach                                        sewerage infrastructure.

Page 14

   In areas where sewerage is not available,            Not Applicable
    development is constrained by the need for on        The site is serviced by sewerage infrastructure and
    site disposal of effluent                            the proposed development does not involve onsite
                                                         effluent disposal.

   Development is established and integrated with       Complies
    the low dunes and vegetation                         The proposed development involves a low rise
                                                         building which will not impact on dunes and does not
                                                         involve the removal of vegetation.

For Sunshine Beach

Not Applicable
The site is not located within Sunshine Beach.

For Sunrise Beach

   Sunrise Beach provides a high proportion of          Complies
    detached houses and some multiple housing and        The site is located within Sunrise Beach and the
    is attractive to families and permanent residents    proposed development involves Multiple Housing
    for its relatively easy access to the beach and      (Type 2 – Duplex).
    local services and facilities

   Local shopping services, schools and other           Not Applicable
    community facilities are located in Ben Lexcen       The proposed development does not involve retail,
    Drive serving local residents both within and        education or community facilitates.
    outside the locality, whilst higher order services
    are available in Noosa Junction and Noosaville

   Development in the Sunrise Beach                     Not Applicable
    Neighbourhood Centre, on land zoned                  The proposed development is not located within the
    Neighbourhood Centre on Map ZM4, expresses           Neighbourhood Centre Zone.
    a pedestrian scale, and provides integrated
    landscaping and car parking areas and allows
    opportunities for outdoor dining and meeting,
    which contributes to the character and vitality of
    the centre

For Castaway Beach

Not Applicable
The site is not located within Castaway Beach.

For Marcus Beach

Not Applicable

Page 15

The site is not located within Marcus Beach.

For Peregian Beach

Not Applicable
The site is not located within Peregian Beach.

For the Detached Housing Zone

Not Applicable
The site is not located within the Detached Housing Zone

For the Semi Attached Housing Zone

Not Applicable
The site is not located within the Semi Attached Housing Zone

For the Attached Housing Zone

       Residents and visitors are accommodated in          Complies
        predominantly multiple housing forms that:          The site is located within Sunrise Beach and the
      i.    contribute to a high level of residential       proposed development where involving Multiple
            amenity, design quality and safety;             Housing (Type 2 – Duplex) which:
     ii.    respect the scale and character of the
                                                               contributes to a high level of amenity and quality
            streetscape and surrounding development;
                                                                design;
            and
                                                               is consistent with the character and scale of
    iii.    express a coastal building style that
                                                                Margit Crescent; and
            integrates with the landscape and
                                                               provides a coastal vernacular and densely
            topography.
                                                                landscaped setting.

For the Visitor Mixed Use Zone

Not Applicable
The site is not located within the Visitor Mixed Use Zone

For the Neighbourhood Centre Zone

Not Applicable
The site is not located within the Neighbourhood Centre Zone.

For the Community Services Zone

Not Applicable
The site is not located within the Community Services Zone.

For the Rural Settlement Zone

Not Applicable

Page 16

 The site is not located within the Rural Settlement Zone.

 For the Open Space Recreation Zone

 Not Applicable
 The site is not located within the Open Space Recreation Zone.

 For the Open Space Conservation Zone

 Not Applicable
 The site is not located within the Open Space Conservation Zone.




Plot Ratio


 Issue

 Plot Ratio – The maximum plot ratio is 0.45.1.

 Plot ratio for the proposed development has calculated to be approximately 0.53:1, a plan
 detailing how plot ratio has been calculated is attached. It is noted that the attached plans do
 not include the portion of floor area beyond a distance of 3.0m from the external wall for
 roofed unenclosed areas. Consequently the plot ratio for the site is greater than 0:53:1.

 Advice Required

 2. Amended plan which provides for a plot ratio which does not exceed 0.45:1


Applicant’s Response

The revised architectural plans at Attachment B provide a plot ratio of 0.50 which is shown
diagrammatically on:

 Proposed Basement Floor Gross Floor Area Plan (20 – 003, DA 181, Revision C)

 Proposed Lower Floor Gross Floor Area Plan (20 – 003, DA 182, Revision C)

 Proposed Upper Floor Gross Floor Area Plan (20 – 003, DA 183, Revision C)

Page 17

Where the plot ratio is the “gross floor area divided by the area of the site”, the gross floor area
attributed to the basement floor, lower floor and upper floor is as follows:

 Basement Floor – 8.9m2

 Lower Floor – 149.1m2

 Upper Floor – 161.4m2

For clarity the definition of gross floor area under the Noosa Plan 2006 is as follows:

       Gross Floor Area means the total floor area of a building measured from the outside of
       the external walls, plus for roofed unenclosed areas, any portion of floor area beyond
       a distance of 3.0m from the external wall, it does not include:

            a. the area of spaces used for the parking or manoeuvring of motor vehicles;

            b. the area of lift shafts;

            c. the area of stairwells on any level other than the ground floor; or

            d. floor areas located in a basement.

The areas which have been excluded from the gross floor area are as follows:

 the garage where a “space used for the parking or manoeuvring of motor vehicles”

 the stairs where located “on any level other than the ground floor”

 the patio where not within the building and not having “external walls”

 the deck where not within the building and not having “external walls”

As demonstrated by Extract 2 and Extract 3, the extent of the patio for both Dwelling Unit 01
and Dwelling Unit 02 which is located “beyond a distance of 3.0m from the external wall” is
not roofed.

Page 18

                   Extract 3 – Proposed Roof Plan (20 – 003, DA 104, Revision C)
                                     Source – OH Architecture




                Extract 4 – Proposed Lower Floor Plan (20 – 003, DA 102, Revision C)
                                     Source – OH Architecture


Despite the above mentioned the proposed development result in a minor exceedance from
specific outcome O8 of the Eastern Beaches Locality Code which requires:

      O8
      For Multiple Housing Type 2 buildings have a maximum plot ratio of:
      ...

Page 19

         b. 0.45:1 otherwise
         ...

The proposed development results in a minor exceedance from specific outcome O8 of the
Eastern Beaches Locality Code is 31.8m2.

As demonstrated within the response to the further advice notice relating to site cover, the
proposed development complies with the overall outcomes of the Eastern Beaches Locality
Code.

Garage


 Issue

 The garage does not meet the definition of a basement and as such results in aspects of the
 development being three (3) storeys.

 Advice Required

 3. Amended plans which demonstrate that the development does not exceed two (2)
    storeys.


Applicant’s Response

The proposed development does not involve a partial or full three (3) storey component, a
detailed response addressing the building height and compliance with specific outcome O4 of
the Eastern Beaches Locality Plan Code was provided within:

 the development application (20 April 2020); and

 the information request response (13 August 2020).

Neither the development application nor the information request response have suggested the
basement level, which is comprised of the garage and entry, complies with the definition of a
basement under the Noosa Plan 2006.

Page 20

The proposed development is two (2) storeys where there is no overlap between garage and
entry at the basement level, the kitchen at the lower level and the master bedroom at the upper
level.

The definition of a storey under the Noosa Plan 2006 is as follows:

       Storey means that space within a building which is situated between one floor level
       and the floor level next above, or if there is no floor above, the ceiling or roof above and
       includes a space for the accommodation of vehicles, any such space that exceeds a
       vertical dimension of 5.0m comprises more than one (1) storey.

As demonstrated by Extract 5, the basement level is located immediately below the patio on
the lower level and the deck on the upper level, neither of which are “within a building”.




                  Extract 5 – Proposed Storey Diagram (20 – 003, DA 191, Revision C)
                                      Source – OH Architecture

A building is defined under the Noosa Plan 2006 as “a fixed structure that is wholly or partly
enclosed by walls and is roofed, and includes any part of a building”.

The proposed development does not involve a partial or full three (3) storey component as
defined by the Noosa Plan 2006.

In addition, the Eastern Beaches Locality Plan Code requires earthworks and retaining
address the sloping topography of the site.

Page 21

Streetscape Amenity


 Issue

 A number of aspects of the proposed development do not provide for an appropriate
 response to the streetscape and amenity of surrounding properties, these concerns are
 related to:

  the outdoor rooms situated above the garage;
  the raising of the ground level to align with the floor level of the first floor and the
   associated walls and fences to the side boundaries; and
  non compliant setbacks

 These result in:

  overlooking;
  presentation of excessive bulk to the streetscape and surrounding properties; and
  potential for overshadowing

 Advice Required

 4. An amended proposal which reduces the scale and bulk of the development and which
    protects the amenity of the adjoining properties.


Applicant’s Response

The proposed development has been designed to minimise the potential for overlooking to
adjoining buildings located immediately to the north (13 Margit Crescent – Lot 134 on
RP132135) and located immediately to the south (9 Margit Crescent – Lot 136 on RP132135)
by removing the fixed glazing to the void and incorporating fixed glazing with the minimum
sill height of 1.650m to the multi purpose room and master bedroom for both Dwelling Unit 01
and Dwelling Unit 02, refer to Extract 6 and Extract 7 .

Page 22

                    Extract 6 – Proposed Elevations (20 – 003, DA 153, Revision C)
                                      Source – OH Architecture




                    Extract 7 – Proposed Elevations (20 – 003, DA 154, Revision C)
                                      Source – OH Architecture



In addition, the adjoining buildings located immediately to the north (13 Margit Crescent – Lot
134 on RP132135) and located immediately to the south (9 Margit Crescent – Lot 136 on
RP132135) are setback from the common boundaries and provide minimal opens orientated
towards the site, refer to Extract 8 to Extract 10 .

Page 23

       Extract 8 – 9 Margit Crescent, Sunrise Beach
Source – Lucy Jane Cottee and Christopher Graham Ferraro




       Extract 9 – 9 Margit Crescent, Sunrise Beach
Source – Lucy Jane Cottee and Christopher Graham Ferraro

Page 24

                           Extract 10 – 9 Margit Crescent, Sunrise Beach
                     Source – Lucy Jane Cottee and Christopher Graham Ferraro

The revised architectural plans at Attachment B and in particular the Streetscape Elevation
(20 – 003, DA 211, Revision C) and Proposed Render (20 – 003, DA 302, Revision C),
demonstrate the proposed development provides a building height, bulk and scale which is
consistent with Margit Crescent, refer to Extract 11 to Extract 12.




                   Extract 11 – Streetscape Elevation (20 – 003, DA 211, Revision C)
                                       Source – OH Architecture

Page 25

                     Extract 12 – Proposed Render (20 – 003, DA 302, Revision C)
                                      Source – OH Architecture

The revised architectural plans at Attachment B demonstrate the overshadowing of the
proposed development is negligible and is substantially less than a proposed development
which complies with the probable solutions of the Eastern Beaches Locality Plan and the
Queensland Development Code.

The revised architectural plans at Attachment B demonstrate the proposed development will
have no impact on the amenity of the adjoining buildings located immediately to the north (13
Margit Crescent – Lot 134 on RP132135) and located immediately to the south (9 Margit
Crescent – Lot 136 on RP132135)

Based on the abovementioned, the proposed development provides a bulk and scale which is
consistent with Margit Crescent and the form anticipated within the Attached Housing Zone
of the Eastern Beach Locality.

The proposed development appropriately addresses the sloping topography of the site where
involving earthworks and retaining to create and stabilise adequate building pads. Additionally,
the proposed fencing along the side / northern boundary of Dwelling Unit 01 and side /
southern boundary of Dwelling Unit 02, does not conflict with the probable solutions of the
Eastern Beaches Locality Plan

In response to the further advice notice, a number of substantial amendments have been
incorporated into the proposed development, including:

Page 26

 an increased front / eastern boundary setbacks to Dwelling Unit 01 and Dwelling Unit 02;

 an increased side / northern boundary setback to Dwelling Unit 01;

 an increased side / southern boundary setback to Dwelling Unit 02;

 a substantial variety of landscaping, in terms of size and coverage;

 the removal of elements to ensure no over shadowing; and

 appropriate building separation and window placement.

In demonstrating the proposed development, in particular the side / northern boundary
setback increased side / southern boundary setback, contribute positively in reducing and
refining the overall bulk and scale.

Bulk / Scale


 Issue

 It is also noted that there are other built form aspects of the development which contribute
 to the excessive bulk and scale of the development, these include:

  near boundary to boundary development of garage and associated structures;
  centre wall between the dwellings within the front setback

 Advice Required

 5. Amended plans which reduce the bulk and scale of the development.


Applicant’s Response

As demonstrated by Extract 13 and Extract 14 , the revised architectural plans at Attachment
B have replaced the wall between the driveways of Dwelling Unit 01 and Dwelling Unit 02
with a fence.

Page 27

                    Extract 13 – Proposed Render (20 – 003, DA 301, Revision B)
                                     Source – OH Architecture




                    Extract 14 – Proposed Render (20 – 003, DA 302, Revision C)
                                     Source – OH Architecture

The revised architectural plans at Attachment B have amended the side / northern boundary
setback of Dwelling Unit 01 and the side / southern boundary setback of Dwelling Unit 02, as
follows:

Dwelling Unit 01 (Side / Northern Boundary)

 an increase in the setback to the living room from 1.610m to 2.000m;

Page 28

 the retention of the setback to the dining room of 3.460m;

 an increase in the setback to the multi purpose room from 1.610m to 2.000m; and

 an increase in the setback of the master bedroom from 2.000m to 2.500m.

Dwelling Unit 02 (Side / Southern Boundary)

 an increase in the setback to the living room from 1.610m to 2.000m;

 the retention of the setback to the dining room of 3.460m;

 an increase in the setback to the multi purpose room from 1.610m to 2.000m; and

 an increase in the setback of the master bedroom from 2.000m to 2.500m.

The side / northern boundary setback of Dwelling Unit 01 and the side / southern boundary
setback of Dwelling Unit 02, do not comply with probable solution S5.1 of the Eastern Beaches
Locality Plan Code where Schedule 1 – Minimum Boundary Setbacks requires a side boundary
setback which is “half the building height in metres calculated at that same point provided that
on any gable roof the calculation shall be measured to half the height of the gable”.

The proposed development achieves compliance with the overall outcomes of the Eastern
Beaches Locality Code where:

 the amenity of residents is preserved by orientating both Dwelling Unit 01 and Dwelling
  Unit 02 towards the front / eastern boundary;

 incorporating a substantial recess to the upper level of Dwelling Unit 01 along the side /
  northern façade;

 incorporating a substantial recess to the upper level of Dwelling Unit 02 along the side /
  southern façade;

 minimising the potential for overlooking from Dwelling Unit 01 by incorporating only one
  (1) high sill window and one (1) set of louvres to the side / northern façade;

  minimising the potential for overlooking from Dwelling Unit 02 by incorporating only one
  (1) high sill window and one (1) set of louvres to the side / southern façade; and

Page 29

 providing substantial landscaping along the side / northern boundary of Dwelling Unit 01
  and the side / southern boundary of Dwelling Unit 02.

Driveways and On Street Parking


 Issue

 The proposal to have two (2) separate driveways and the impacts have not been adequately
 addressed, specifically the information response has not addressed the Driveways and Car
 Parking Code requirements.

 In regard to on street parking, the proposal will reduce the on street parking by one (1) space.
 A centrally located single driveway that complies with council’s standard drawing, 5.0m at
 the kerb),will provide two (2) oversize spaces either side within the sites frontage.

 It is also considered that two (2) crossovers will detrimentally impact on the streetscape and
 reduce the opportunity for street trees and green space within the road reserve.

 Advice Required

 An amended proposal which provides for one (1) crossover / access point to the site.


Applicant’s Response

An assessment against the Driveways and Car Parking Code was provided as part of the
information request response (13 August 2020).

As demonstrated by the vehicular site access advice at Attachment D , a further assessment
against the Driveways and Car Parking Code has been provided which demonstrates that
regardless of whether the proposed development provide one (1) driveway crossover or two
(2) driveway crossovers, three (3) on street parking spaces are available at frontage of the site
with an inconsequential reduction in the area available for street trees and verge
improvements, including the footpath to be provided by the applicants.

The visual assessment provided as part of the information request response provided an
assessment of the visual amenity and streetscape character impacts of the proposed
development and noted:

Page 30

 The proposed development does not be visually dominant views from the street (Margit
  Crescent).

 The proposed development provides driveway which are divided into two (2) smaller
  areas, interspersed with gardens.

 The proposed development provide a visual rhythm which is repeated along the street
  (Margit Crescent) in reverse.

 The proposed development visually breaks up the front / eastern elevations with stepping
  down street (Margit Crescent) in reverse.

 The proposed development incorporated variation in the material and finishes along the
  street (Margit Crescent).

The benefits and impacts of the proposed development provide (2) separate driveways was
addressed within the traffic impact statement and the visual assessment provided with the
information request response.

In addition, the traffic impact statement incorporated a detailed response to the relevant
probable solutions and specific outcomes within the Driveways and Car Parking Code.

Footpath


 Issue

 The proposed 1.2m footpath does not comply with Council’s requirements.

 Advice Required

 A 1.8m wide path is required.


Applicant’s Response

The revised architectural plans at Attachment B , provide a 1.800m wide footpath for the full
(18.910m) frontage of the site, refer to Extract 15 .

Page 31

                   Extract 15 – Proposed Basement Plan (20 – 003, DA 101, Revision C)
                                       Source – OH Architecture

SUMMARY

The above responses address the further advice notice issued by the assessment manager
and we hereby request that the assessment of this development application now continues.

Whilst we trust this information is sufficient to enable you to progress with the assessment of
this development application, should you have any queries, please do not hesitate to contact
the undersigned on 0413 912 056.

Yours Sincerely,
Property Projects Australia Pty Ltd




ALAN IRVIN
Senior Town Planner

Enc.   Attachment A – Further Advice Notice issued by Noosa Council
       Attachment B – Revised Architectural Plans prepared by OH Architecture
       Attachment C – Revised Landscape Plans prepared by OH Architecture
       Attachment D – Vehicular Site Access Advice prepared by TTM Consulting

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