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Further Advice Response
Attached to the e-mail MCU20/0037 - Response to Further advice - 11 Margit Crescent Sunrise Beach.
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. x
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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.
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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
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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)
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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.
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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
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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
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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.
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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
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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.
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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.
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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 .
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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 .
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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
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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
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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:
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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.
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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;
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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
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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:
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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 .
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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