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34 Plover Street report sept 21pdf
Development Application
Planning Report
Development Permit for Material Change of Use
(Dwelling House) in Coastal Protection Area
situated at 34 Plover Street, Peregian Beach
(Lot 10/P9313)
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Contents
1.0 Summary ......................................................................................................................... 3
1.1 Development application details ............................................................................................. 3
1.2 Planning instrument details ..................................................................................................... 3
2.0 Site details ....................................................................................................................... 3
2.1 Site description ....................................................................................................................... 3
2.2 Surrounding land uses ............................................................................................................. 5
3.0 Proposed development details ......................................................................................... 5
4.0 Planning assessment ........................................................................................................ 5
4.1 Key issues ............................................................................................................................... 8
4.1.1 Front Setback (Low Density Residential Zone Code) .................................................................... 8
4.1.2 Cut and Fill (Low Density Residential Zone Code) ...................................................................... 10
4.1.3 Setback (Coastal Protection Overlay) ........................................................................................ 10
5.0 State assessment and other matters .............................................................................. 11
5.1 State interests ....................................................................................................................... 11
5.1.1 Matters established in the Planning Regulation ............................................................................ 11
5.1.2 State Planning Policy ...................................................................................................................... 11
6.0 Conclusion ..................................................................................................................... 11
Client Name: Nick and Katie Jorss
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA
Version: 1
Date: 28 September 2021
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Development Permit for Material Change of Use of Premises
(Dwelling House)
Site address: 34 Plover Street, Peregian Beach
Real property description: 10/RP81810
Site area: 530.69m2
Owner details: Nick and Katie Jorss
Applicant details: Nick and Katie Jorss c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: • Bushfire Hazard Area (Potential Impact Buffer)
• Erosion Prone Area
Regional plan: SEQ Regional Plan 2017 – Urban Footprint
Designation:
Planning scheme: The Noosa Plan 2020
Zone: Low Density Residential Zone
Level of assessment: Code – Table 5.9.4 Categories of development and
assessment for overlays (Coastal Protection and Scenic
Amenity
Applicable overlays: • Coastal Protection and Scenic Amenity Overlay
(Coastal Protection and Scenic Amenity)
• Landslide Hazards Overlay (Moderate Hazard Area)
Applicable codes: Low Density Residential Zone Code (Applicable provisions)
Low Density Housing Code (Applicable provisions)
2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Vacant lot
Frontage and access 15m to Plover Street
Topography and views The site falls downhill to the east at a gradient of approximately 18%
Previous Approvals • 11.2006.36 - 20060036 Dwelling (Amended arch & struct plans
24/2/10) Application lapsed
• 112006.2633 - 20062633 Swimming Pool - Application lapsed
Easements Nil
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Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System
Figure 2: Water and Sewerage Infrastructure
Source: Unitywater Mapping System
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North 36 Plover St (Existing detached house) – 6m road setback
South 32 Plover St (Vacant lot)
West 29 Plover Street (Vacant lot)
East Beach reserve
3.0 Proposed development details
The proposed 2 storey dwelling house will gain access from Plover Street, with the building
orientated to the east overlooking the beach reserve. Materials include a mix of titanium zinc
cladding, stone, glass and timber. A copy of the proposed plans are included with the application.
The proposed dwelling house is code assessable in accordance with Table 5.9.4 of the Noosa Plan
2020 as the site is affected by the Coastal Protection Overlay. An assessment against the Coastal
Protection Overlay code is provided in Table 3. The proposal is otherwise compliant with acceptable
outcomes of the relevant codes with the exception of front setback and extent of cut and fill required.
A summary of the built form provisions contained within the Low-Density Residential Zone Code and
Low-Density Housing Code is also included within Table 3.
4.0 Planning assessment
An assessment against the relevant provisions is provided below with further assessment regarding
the noncompliance provided thereafter.
Table 3: Assessment against key development parameters within The Noosa Plan 2020:
8.2.4 Coastal Protection and Scenic Amenity Overlay Code
Provision Code Provision Proposal Compliance
PO4 - Setbacks PO4 The footings of the building are PO
Where a coastal building line does not exist on a lot setback more than 6m from the
fronting the beachfront or a reserve adjoining the rear coastal boundary with a
beachfront, new buildings and structures are setback no cantilever deck extending 3m
less than 6 metres from the seaward boundary of seaward of the setback.
the site.
PO5 – Visual and
Scenic Amenity AO5 Complies
A mix of native landscaping, such as ground covers, The subject site is included within
shrubs and trees, is provided for a width of 5 metres the Coastal Protection Overlay.
from the seaward or rear boundary of the site to provide The proposal would provide a
adequate landscape buffering to protect the coastal minimum setback of
dune system. approximately 6.2m at the ground
level to the reserve and a mix of
shrubs and trees will be provided
within this area.
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PO6 – Visual and AO6.1
Scenic Amenity Rear fences adjacent to the beachfront within the Complies Complies.
Coastal Protection Area incorporate the following—
a) height of no more than 1.2 metres; and The proposal can be conditioned
b) open construction (ie at least 50% to comply with this outcomes
transparent); AO6.1 - AO6.3.
c) lightweight materials (eg. timber); and
d) dark colours to blend with the natural
landscape.
AO6.2
Gates are not installed in fences as direct access to the
beachfront does not occur.
AO6.3
Only beach access points for use by the community are
constructed.
6.3.1 Low Density Residential Zone
Provision Code Provision Proposal Compliance
PO7 - Building AO7.1 Building Height in Metres
Height Buildings and structures are no more than 8 metres
in building height and do not exceed 2 storeys. The building has been designed to Y
step down the slope and is no
AO7.2 more than 8m in height relative to
Where excavation is required, the maximum portion of the ground level at any point (as
the exposed external façade of the lawfully determined by a surveyor)
building cannot exceed 8m in building height. and shown on the dotted line
below.
Editor's note—refer to Figure AP313A
Building Height in Storeys
The dwelling has been designed Y
to not exceed 2 storeys in height
with service, storage and non-
habitable laundry located under
the building. Furthermore, the
levels along the side facades of
the building have been finished to
ensure the development does not
look more than 2 storeys from any
neighbouring elevation.
PO8 – Site Cover AO8.1 Site cover of all buildings and structures on The dwelling provides a site cover Y
site does not exceed: on the following levels:
a) for a single storey building – 50% Lower Ground = 154m2 (30%)
b) for a building of 2 storeys –
i) 50% for one of the storeys; and Ground Floor = 252m2 (50%)
ii) 30% for the other storey; or First Floor = 73m2 (14.5%)
iii) 40% for both storeys.
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PO9 – Setbacks AO9.1
Front – 6m 3.3m PO
Side (North) – 1.5m to 2.0m 2.0m Y
Side (South) – 1.5m to 2.0m 2.5m Y
Rear (<550m2) - 1.5m to 2.0m 3.2m - 3.6m Y
PO12 – 2 or more of the following features fronting the street: The design incorporates windows Y
Streetscape and an awning fronting the street.
- Verandah
- Porch
- External stairs
- Awning
- Windows
PO13 – Garages AO13.1
No more than 3 garage doors and having total width of Double garage having a total Y
7.2m to the street. opening width of 6.0m to the street
PO14 – Limited to one access a maximum of 6m wide; and do Not Applicable N/A
Basements not encroach into boundary setback areas.
PO15 – Driveways have a maximum width of 6 metres within the 6.0m Y
Driveways property and only one footpath crossing is provided per
property as part of the driveway.
PO16 – Roof AO16.1
Design
5 degree roof pitch and eaves to 75% of dwelling (Not Not Applicable. N/A
applicable to Coastal Communities or Noosa Heads).
AO16.2
Parapets do not exceed 50% of the width of the front
façade. The design does not incorporate Y
parapets
AO16.3
Development does not include rooftop terraces.
The design does not incorporate
roof top terraces Y
PO19 – AO19.1
Earthworks
Cut or fill is less than 1.5m in depth relative to Natural 2.3m cut relative to Natural PO
Ground Level. Ground Level.
PO20 – Colours AO20.4
Are finished with exterior colours of moderate to darker Finished in darker colours Y
shades of olive green, brown, green, blue, charcoal or including natural timbers, stone,
wood stains that blend with the colour and hues of the painted charcoal façade and grey
surrounding vegetation and landscape. roof.
AO21 – Drainage AO21
Filling and excavation for operation works are designed Roofwater is to be directed to the Y
and constructed to ensure overland flow and/or flooding street and the works will not cause
is not worsened, impeded, or otherwise diverted to overland flow worsening to
adversely affect other properties or downstream adjoining properties.
environments.
AO22LDHC – AO22.1
Landslide Hazard
Development, including access, is not located on land The site is partially located in a Y
identified as a landslide hazard area on a Landslide Landslide Hazard Overlay Area
Hazard Map. (Moderate Hazard Area) and
Tectonic have included a report
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AO22.2 concluding the site having a low
Development, including associated access, is located slip hazard.
outside moderate, high and very high landslide hazard
areas and areas with 15% slope or greater, as
determined by a site-specific slope-analysis;
Editor's Note—A site- specific geotechnical
assessment may be used to demonstrate that although
the proposed development is shown on the Landslide
Hazard Overlay as being in the moderate, high or very
high landslide hazard area, the landslide risk is low or
very low.
OR
AO22.3
A site-specific geotechnical assessment is prepared by
a registered professional engineer to certify that:
- the stability of the site, including associated
buildings and infrastructure, will be
maintained and operational for the life of the
development;
- the site is not subject to the risk of landslide
activity originating from other land, including
land above the site; and
- development of the site will not increase the
risk of landslide activity on other land;
AO22.3
A site-specific geotechnical assessment is prepared by
a registered professional engineer to certify that:
- the stability of the site, including associated
buildings and infrastructure, will be
maintained and operational for the life of the
development;
- the site is not subject to the risk of landslide
activity originating from other land, including
land above the site; and
- development of the site will not increase the
risk of landslide activity on other land;
Editor's Note— PSP8 Natural Hazards provides further
guidance on assessing landslide hazard.
AO22.4
Any specific measures identified in a site specific
geotechnical assessment for stabilising the site or
development are to be fully implemented.
4.1 Key issues
4.1.1 Front Setback (Low Density Residential Zone Code)
The proposal provides a 3.3m setback to the front boundary to the wing wall and consequently does
not comply with Acceptable Outcomes AO9.1 and AO9.3 of the Code.
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While not complying with the acceptable outcomes, the proposal would comply with PO9 of the code
for the following reasons:
a) the proposal provides a high-quality architectural design that will provide a high level of
amenity to the users of the site and avoid privacy and amenity impacts to the adjoining site;
b) the proposal will not unreasonably obstruct view or cause overlooking impacts because it
remains less than 8m in height at any point;
c) the proposal will incorporate landscaping that will assist in buffering the development form
adjoining uses;
d) the design provides a well-landscaped setting and allows opportunities for landscaping to be
provided within the front setback, along the side boundaries, within the internal courtyard, and
the rear yard area adjacent to the reserve; and
e) the dwelling will not adversely impact on the on ecologically important areas.
The proposed front setback is also compatible with the established character on the eastern side
Plover Street, whereby a number of houses encroach into the front setback, including 16, 18, 22, 24
and 26 Plover Street.
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4.1.2 Cut and Fill (Low Density Residential Zone Code)
While providing a cut through the middle of the site that will exceed 1.5m (up to a maximum of 2.9m)
as shown in the figure below.
While not complying with the acceptable outcome, the proposal will achieve PO19 of the Low Density
Residential Zone Code for the following reasons:
• the design takes into consideration the slope of the land and provides well landscaped
surroundings and will have minimal impact on the natural landform and landscapes;
• the house is designed and will be constructed in a way that will not cause erosion or the
transportation of sediments off-site in accordance with a geotechnical report and construction
management plan associated with a building works approval; and
• it will not lead to disturbance of natural features, buildings or structures of cultural
significance.
4.1.3 Setback (Coastal Protection Overlay)
The design includes a counterlevered 3m wide balcony towards the eastern coastal boundary.
Although not strictly meeting the PO4, which requires all new buildings and structures are setback no
less than 6 metres from the seaward boundary of the site, the following reasons are given for the
approval:
• The site is located more than 200m from the shoreline and includes a substantial vegetation
buffer to Peregian Beach and is not affected by 2040, 2070 or 2100 coastal erosion.
• The design and siting of the house is located so as not to be seen from the beachfront, and
thus proecting the natural beach experience and scenic amenity of the coastal area enjoyed
by Noosa Shire residents and visitors in accordance with the Overlay’s Overall Outcomes
and Purpose.
These matters are considered able to be conditioned as part of the code assessable assessment in
accordance with the requirements of The Planning Act 2016.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.
6.0 Conclusion
This application seeks a Development Permit for Materteral Change of Use of Premises (Dwelling
House situated at 34 Plover Street, Peregian Beach. The proposed development is code assessable
and meets the relevant Acceptable and Performance Outcomes and/or Overall Outcomes of the
relevant codes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.
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