Council Report DBW21 0216

DBW21/0216 APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60 SEAVIEW TERRACE, SUNSHINE BEACH

Document information

Author	Graduate Development Planner, Jada Lyons
Environment and Sustainable Development

Index	ECM/Applications/DBW21/0216

Attachments	1. Proposal Plans

APPLICATION DETAILS
Applicant	GW Holdings P/L TTE
Proposal	Building Works - Dwelling House
Properly Made Date	16 December 2021
Information Request Date	25 January 2022
Information Response Date	19 August 2022
Decision Due Date	27 October 2022
Number of Submissions	Not applicable

PROPERTY DETAILS
Property Address	60 Seaview Tce Sunshine Beach Qld 4567
RP Description	Lot 66 RP 81810
Land Area	549m²
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential Zone Code
Precinct	Not applicable
Local Plan Area	Coastal Communities Local Plan Area
Overlays	Coastal Protection Overlay Coastal Building Line Coastal Protection and Scenic Amenity Landslide Hazard Overlay Moderate Hazard Area
Assessment Type	Code
executive summary
This application relates to development of a new dwelling house on the subject site located at 60 Seaview Terrace, Sunshine Beach. The subject site is located in a mapped moderate landslide hazard area under the Noosa Plan 2020 and included in the Coastal Management District and a mapped erosion prone area with the inclusion of a coastal building line by the state. The applicant has submitted a geotechnical investigation and a coastal hazard assessment with the application. These reports have been reviewed by external consultants for Council and will assist in effectively mitigating the risks of coastal erosion processes.
The proposed development seeks to vary provisions within the planning scheme in relation to site cover, height, the inclusion of a rooftop terrace and building beyond the coastal building line. The variations are considered reasonable and will not cause any detrimental impacts to the subject site, surrounding properties or the streetscape. As such, the proposal is recommended for approval.
RECOMMENDATION
That Council note the report by the Graduate Development Planner to the General Committee Meeting dated 24 October 2022 regarding Application No. DBW21/0216 for a Development Permit for Building Works - Dwelling House situated at 60 Seaview Tce Sunshine Beach and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to building being occupied, and then compliance maintained at all times while the use of the building continues.
The applicant must provide a copy of the development approval to the private building certifier who assesses the subsequent development application for a development permit for building works for the construction of the Detached House and the associated deck and pool area.
Approved Plans
Development must be undertaken strictly under the approved plans listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA001	B	Site & Roof Plan Site Analysis, prepared by Durbach Block Jaggers	16/08/2022
DA002	B	Plans, prepared by Durbach Block Jaggers	16/08/2022
DA003	B	Elevations Sheet 1, prepared by Durbach Block Jaggers	16/08/2022
DA004	B	Elevations Sheet 2, prepared by Durbach Block Jaggers	16/08/2022
DA005	B	Sections, prepared by Durbach Block Jaggers	16/08/2022
DA007	B	Perspective Views, prepared by Durbach Block Jaggers	16/08/2022
Amended Plans
Prior to the issue of any further development approvals amended plans must be submitted to Council. The plans must reduce the extent of the rooftop terrace on the upper floor by 3 metres on the northern side and 3.7 metres on the southern side measured from the edge of the proposed upper storey. The plans must be to the satisfaction of the Manager, Development Assessment.
Approved Documents
Development must be undertaken strictly under the approved documents listed in the following table unless otherwise amended by these conditions.
Document
Tectonic report “Geotechnical Investigation, Proposed residence 60 Seaview Terrace, Sunshine Beach”, reference 21373-001-Rev 1 dated 29 March 2022. Royal Haskoing DHV report ‘Report 60 Seaview Terrace, Sunshine Beach Coastal Hazards Assessment, reference PA2907 dated 14 February 2022.
Built Form
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface, except the central part of the upper storey roof which must not exceed 8.38 metres.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 28 October 2024, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
A mix of native landscaping, including ground covers, shrubs and trees are to be provided for a width of 5 metres from the rear boundary of the site.
Coastal Protection
Gates must not be installed along the seaward property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
All lighting associated with all works approved as part of this application must be positioned and managed to reduce sky glow and light spill onto the beach to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. Management measures include reduced intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of interest; low reflectance building surfaces and paint; and tinted external glass. The following are to be incorporated into the works approved as part of this application:
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must have 15% visible light transmittance tinting.
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and hatching season (October – May).
All outdoor lights must have a maximum of 2700 K correlated colour temperature (CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard. Warm white is to be used only where colour rendition is required.   LED lights must not contain short wavelength blue light and supplier should be asked to provide spectral power curve of requested LEDs to prove the absence of short wavelengths.
The number and wattage of lights must be minimised.
All lights must be recessed into structures and roof, and directed away from the turtle nesting habitat.
No lighting is permitted on the roof of the building.
All outdoor lights, including balcony lights, must be turned off between 8:00pm and sunrise during turtle nesting and hatching season (October – May).
External feature lighting to the building must be positioned below 10 metres in height and turned off between 8:00 pm and sunrise during turtle nesting and hatching season (October – May).
No upward lights or vertical illumination of the building, vegetation or other structures using lighting that shines into the sky to be used.
Where lighting is required for safety purposes (including all corridors above ground level, stairwells, entry points etc.), the lighting of these areas must be activated by proximity sensors or motion detectors with an associated deactivation of the lighting after no more than 10 minutes during turtle nesting and hatching season (October – May). For lighting in other areas, timers, proximity or motion activated light sensors must be used wherever possible.
No decorative outdoor lighting is to be fitted to the buildings, open space or recreation areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October – May).
Pool lighting must be switched off after 8:00pm during nesting and hatching season (October – May).
All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.

Geotechnical
A footing system and erosion protection system must be designed for the proposed development to withstand the short-term erosion associated with a 500-year average recurrence interval storm event combined with shoreline recession due to sea-level rise for 2100 climate change. The short-term erosion associated with a 500-year average recurrence interval storm event combined with shoreline recession due to sea-level rise for 2100 climate change to be considered for the design as per the recommendations of the Royal Haskoning DHV report ‘Report 60 Seaview Terrace, Sunshine Beach Coastal Hazards Assessment’, reference PA2907 dated 14 February 2022.
The footing system and erosion protection system must be in accordance with the works detailed in the Tectonic report “Geotechnical Investigation, Proposed Residence 60 Seaview Terrace, Sunshine Beach”, (Reference 21373-001-Rev 1 dated 29 March 2022) and other supporting documents referenced in the Tectonic report.
In addition to the requirements of the Tectonic report, footings for the proposed house shall extend below a line drawn at 28° extending upwards to the west from the base of the rear point of the erosion event and be designed to accommodate the potential lateral load from a landslide above this line.
The design must be accompanied by certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering that the design is satisfactory and will provide a long-term factor of safety with respect to slope stability of not less than 1.5.
Following construction, certification must be supplied to Council by an RPEQ specialising in geotechnical engineering that the works have been constructed in accordance with the approved design.
A dilapidation survey shall be carried out of all adjacent properties and structures before the commencement of construction of the proposed development on the site.
Due to the risk of instability on the existing dune slope and the potential for settlement of loose sand on the adjacent properties, vibrations must be kept to a minimum and must be monitored during the construction of the development.  Driven piles (both sheet piles and pile footings) are not permitted on the site.
Landscaping at the rear of the property and the crest of the existing dune slope shall be limited to a maximum surcharge of 5kPa unless a site-specific slope stability analysis is carried out to demonstrate that higher loads are acceptable.
Under no circumstances shall building materials be temporarily stockpiled in the area of the crest of the existing dune slope or on the slope.
Discharge of concentrated stormwater flows onto the dune slope must be avoided, and under no circumstances will subsurface disposal of water be permitted using infiltration pits.
Stormwater runoff from gutters, down-pipes, driveways, and paved areas must be collected and directed by pipes into the Council stormwater system along Seaview Terrace.
The existing dune slope and any areas disturbed by the construction of the proposed development shall be revegetated as soon as possible to reduce the potential for erosion.
Earthworks
Earthworks required on-site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property
All earthworks carried out on site must not affect the structural stability of the adjoining lands and/or buildings and/or structures and/or services
All earthworks and associated retaining structures/batters, both above and below ground level, both temporary and permanent, must be wholly contained within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798 “Guidelines on Earthworks for Commercial and Residential Developments”.
Significant Weather Events
Should a significant weather event occur which results in substantial erosion within the site, and undermines the structure and/or renders the Detached House uninhabitable, the owner must:
Immediately secure the perimeter of the property to prevent unauthorised access and then undertake necessary works upon the land to make the Detached House safe and suitable for habitation in a timely manner.
Any work proposed must be designed to ensure that the work will not cause adverse impacts on other lands or on coastal processes.
Rock, concrete and like hard materials must not be used for the construction of beach protection works.
Any work proposed to be carried out must be undertaken in accordance with a Development Permit for Operational Works.
or remove the Detached House and all associated structures including the footpath crossover and make the land safe at no cost to the Council.
Site Access and Driveways
A sealed access driveway must be provided from the existing formation in Seaview Terrace to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include a driveway located generally in accordance with the approved plans.
Stormwater Drainage
Stormwater runoff from the development must be collected and disposed of in accordance with the recommendations of the site specific geotechnical report. Stormwater runoff from gutters, down-pipes, driveways, and paved areas must be collected and directed to Council stormwater drainage system along Seaview Terrace. The works must be undertaken in accordance with an Operational Works approval.
Prior to the commencement of the use a certificate must be issued by an RPEQ certifying that the stormwater drainage system has been constructed in accordance with the conditions of this permit.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
A temporary fence must be constructed along the site’s boundary to the adjoining park reserve to restrict access, with signage erected that ensures that no access is allowed’.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The proposal seeks to develop a new dwelling house on the subject site and demolish the existing dwelling house. The subject site is located in the Coastal Protection Overlay and the Landslide Hazard Overlay. The proposed dwelling house is to be located over three levels and includes a rooftop terrace.
The lower level comprises a bedroom, two bathrooms, a wellness room, study, laundry, storage areas and a lift to the ground floor.
The ground level consists of a two-car garage, kitchen, living and dining areas, a seaward facing balcony, terrace area and pool.
The upper level consists of the master bedroom and an uncovered rooftop terrace.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plans

Figure 4 – East and West Elevations

Figure 5 – North and South Elevations

Figure 6 – Sections

Figure 7 – Render Views
site details
Background
A Material Change of Use for a Dwelling House in a Sand Dune Problem Area was approved on 12 July 1999.
Site Description
The site is a regularly shaped residential lot with an approximate area of 550m2. The subject site has a 16.7 metre frontage to Seaview Terrace and exhibits a moderate slope from west to east. The site is currently improved by a dwelling house which is intended to be demolished. A small amount of existing vegetation is located in the north-western and south-eastern corners of the site.
Surrounding Land Uses
North: No. 62 Seaview Terrace is located directly to the north of the subject site. The site includes a dwelling house with a rear setback of 7.3 metres.
South: No. 58 Seaview Terrace is located directly to the south of the subject site – the site includes a residential dwelling with a rear setback of 4.4 metres and a garage within close proximity of the front boundary.
East: Vegetated dune system to Sunshine Beach
West: 57, 59 and 61 Seaview Terrace are located to the west of the subject site – 57 and 59 Seaview Terrace contain older dwelling houses and 61 Seaview Terrace has recently been redeveloped. All three dwellings are located on land that is higher than the subject site.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
The State Planning Policy July 2017 (SPP) outlines matters relating to coastal processes and the compatibility of urban land uses on sensitive sites. Measures have been outlined within the State Planning Policy (State Interest Guideline – Coastal Environment) to avoid incompatible development on sites subject to coastal hazards and that may pose a risk to natural processes.
This application is for a new dwelling house located on a residential zoned lot in the Coastal Management District. A Geotechnical Investigation and a Coastal Hazards Assessment have been submitted with the application material that outlines measures to mitigate the impacts of coastal processes on people and property.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Low Density Residential Zone Code;
Low Density Housing Code;
Coastal Communities Local Plan Code;
Coastal Protection and Scenic Amenity Overlay Code;
Landslide Hazard Overlay Code; and
Works Codes.
Locality Provisions
The subject site is located in the Sunshine Beach Locality and is zoned Low Density Residential. The proposed use is identified as a consistent use with the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	3 storeys 8.37 metres	X X
Site cover	40% max	31% lower level 51% ground level 16% upper level 51% bird’s eye view	X
Gross floor area	500m² max	376.8m²	
Boundary setbacks Frontage Side (north) Side (south) Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min Coastal building line Where a coastal building line exists on a lot, all buildings, structures and retaining walls do not extend seaward of the coastal building line for the site, other than – Uncovered and unenclosed cantilevered balconies that do not extend greater than 3 metres seaward of the coastal building line; and Are setback a minimum of 6 metres from the seaward boundary	0 metres to pool 3 metres to garage 0 metres to pool/ stairs 1.5 metres to dwelling 0 metres to garage 1.45 metres to windows 2 metres to dwelling 4 metres to cantilevered deck 6 metres to dwelling Dwelling is 10 metres seaward of coastal building line	X X X X
Roof terrace	No roof terrace	Roof terrace	X
Landscaping	< 20% min (109.8m2)	208.78m²	
Carparking	2 covered min	2 covered	
Coastal Building Line/ Geotechnical Issues
The subject site is located in the Coastal Protection and Scenic Amenity Overlay and a Coastal Building Line of 15 metres exists on the site (see Figure 8 below). The front 12 metres and rear 10 metres of the subject site is also located in a mapped moderate landslide hazard area. The State has identified the subject site as being within the Coastal Management District and an erosion prone area.
Figure 9 below shows Council’s coastal hazards mapping that identifies the subject site as being within an erosion prone area and details the extent of the site expected to be subject to erosion by the years 2020, 2040, 2070 and 2100.

Figure 8 – Coastal Building Line

Figure 9 – CHAP Coastal Hazards Mapping (Erosion Prone Area)
To address the known risks of instability and erosion the applicant has submitted a Geotechnical Report and a Coastal Hazards Assessment, which have been reviewed by external consultants (Geotechnical Engineer and Hydraulic Engineer). The submitted reports were amended after an initial review by the external consultants and were determined to include methodology and recommendations which appropriately address the landslide and erosion risks. The measures proposed have been designed on the basis of a 500 year average recurrence internal storm event and include:
The proposed residence and any ancillary structures (including retaining walls and pools) must be supported by footings founded at least 1 metre into natural medium dense to dense (or denser) sands.
Excavations close to site boundaries may necessitate the installation of temporary shoring prior to excavation.
Landscaping fill to the rear of the residence shall be limited to 0.5 m high, with surcharges elsewhere (e.g. from structures, fill, etc.) not to exceed 10 kPa
Ground vibrations during construction to be minimised and monitored.
Revegetation of bare slopes around the development area and improvement to the vegetation (e.g. with site appropriate natural species) on the natural high dune face downslope of the residence.
All collected roof water to be directed by pipes to the council stormwater system along Seaview Terrace.
Overall Council’s consultants conclude that the Coastal Hazard Assessment and Geotechnical Investigation have included recommendations that will sufficiently mitigate risks to the dwelling house from coastal hazards during the lifespan of the structure.
Setbacks
The proposed dwelling house seeks to vary the front, rear and side setbacks as required by Acceptable Outcomes AO9.1, AO9.2 and AO9.3 of the Low Density Residential Zone Code. The correlating Performance Outcome states:
PO9
Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy and access to sunlight;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs and outdoor living;
be consistent with the predominant character of the streetscape; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
Front Setback
The applicant proposes a front setback of 3 metres in lieu of the required 6 metres. It is noted that the site exhibits a steep slope from Seaview Terrace to the rear of the site and as such the proposed front setback is a consequence of the site’s topography. The site also requires a greater rear setback which further reduces the amount of developable space on the site.
Structures within the front setback include the garage and a pool on the front boundary. All other parts of the proposed dwelling house comply with front setback requirements. The proposed front setback is considered to comply with Performance Outcome PO9 as it will not detract from the high level of amenity provided to adjoining properties and will improve the amenity to users of the subject site. The proposed front setback is consistent with the predominant character of the streetscape, with a number of dwelling houses on the seaward side of Seaview Terrace exhibiting garages and structures within the front setback (58 Seaview Tce: 2 metres to garage, 52 Seaview Tce: 3 metres to garage and pool, 50 Seaview Tce: 2.5 metres to garage, 44 Seaview Tce: 2.56 metres to garage). Landscaping is also proposed within the reduced front setback to help buffer the development from neighbouring properties.
Side Setbacks
The proposed dwelling house has a northern side setback of 0 metres to the stairs and 1.5 metres to the dwelling. It is noted that only the proposed stairs in the side setback do not comply and that the dwelling house is otherwise setback as per Acceptable Outcome AO9.2.
The reduced side setback is compliant with Performance Outcome PO9 as it will provide a high level of amenity to users of the subject site and will not impact on adjoining premises with regard to visual and acoustic privacy and access to sunlight. The reduced setback will not obstruct views or cause overlooking of private open space or habitable areas of adjoining premises.
The applicant also proposes a southern side setback of 0 metres to the garage and 1.45 metres to the windows on the second floor. The garage has a height of 2.7 metres and a length of 7.8 metres.
This is consistent with the QDC requirements which allow for a garage to be located on the boundary where:
The height does not exceed a height of 4.5 metres and a mean height of 2.5 metres;
It is less than 9 metres long; and
Is no closer than 1.5 metres to a habitable room window of an adjoining dwelling.
The proposed setback to the stairs is considered minor and will provide a high level of amenity to users of the subject site and will not impact on adjoining premises with regard to visual and acoustic privacy and access to sunlight.
Rear Setback
Performance Outcome PO3 of the Coastal Protection and Scenic Amenity Overlay Code states:
Where a coastal building line exists on a lot, all buildings, structures and retaining walls do not extend seaward of the coastal building line for the site, other than —
1. uncovered and unenclosed cantilevered balconies that do not extend greater than 3 metres seaward of the coastal building line; and
2. are setback a minimum of 6 metres from the seaward boundary
The Purpose and Overall Outcomes of the Coastal Protection and Scenic Amenity Overlay Code relate to the maintenance of coastal processes, the natural landform and the visual character and scenic amenity of the area.
The proposed development is to be 10 metres seaward of the coastal building line and includes a cantilevered balcony setback 4 metres from the rear boundary. The proposed rear setback will not unreasonably obstruct any views or impact the visual and acoustic privacy and access to sunlight of adjoining properties. The proposed rear setback is similar to that of the existing dwelling house on the subject site and it is considered that the proposed setback will not worsen any current views from neighbouring properties.
The following image details the extent of the proposed encroachment past the coastal building line.

Figure 10 – Extent of Proposed Dwelling House over Coastal Building Line
It is noted that the current dwelling house on the subject site sits 15 metres seaward of the coastal building line (Figure 11 below). As such, the proposed rear setback will not cause any further impacts to coastal processes or the natural landform than the dwelling house currently on the site.

Figure 11 – Extent of Current Building Height over Coastal Building Line
It is also noted that most of the dwellings on the seaward side of Seaview Terrace extend beyond the coastal building line.

Figure 12 – Extent of Development over Coastal Building Line on Seaview Terrace
Height
The proposed dwelling house is predominately under the maximum 8 metres building height as required by Acceptable Outcome AO7.1 of the Low Density Residential Zone Code, with only a small portion of the roof on the upper level above 8 metres.

Figure 13 – Portion of Proposed Dwelling Over Height
PO7
Buildings and structures:
are low rise and present a building height consistent with structures on adjoining and surrounding premises and with the predominant character of the area;
are designed to provide an interesting streetscape and complement landform changes;
do not visually dominate the street or surrounding area;
respect the scale of surrounding vegetation and maintain a vegetated skyline;
do not unreasonably obscure views or lead to overshadowing of neighbouring properties; and
do not exceed two storeys.
The proposed height encroachment is considered minor and will not visually dominate the street or surrounding area. From the street, the proposed dwelling house will present as a two-storey dwelling and as such is considered to be low rise and consistent with structures on adjoining and surrounding premises. From Sunshine Beach, the dwelling will present as consistent with the height of surrounding premises and the predominant character of the area. Figure 15 below shows the current dwelling house visible from Sunshine Beach with the approximate additional height of the proposed dwelling house.

Figure 14 – Front Elevation

Figure 15 – Approximate Additional Height to be seen from Sunshine Beach
Site Cover
The proposed dwelling house has a site cover of 31% on the lower level, 51% on the ground level and 16% on the upper level.
Acceptable Outcome AO8.1 of the Low Density Residential Zone Code requires that for a building of two storeys, site cover of all buildings and structures on site does not exceed either 40% for both storeys or 50% for one storey and 30% for the other. The proposed second level and upper level exceed the site cover requirements by 1%.
PO8
Development:
is of a scale compatible with surrounding development and the particular circumstances of the site;
has a low site impact to maximise the opportunity to retain site characteristics, such as native vegetation and natural landforms;
allows the opportunity to provide soft landscaping between buildings;
does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site.
The proposed site cover is considered to comply with Performance Outcome PO8 as it is of a scale that is compatible with surrounding development and does not present the appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site. The site will also contain an extensive amount of soft landscaping between buildings.
Rooftop Terrace
The proposed dwelling house includes a rooftop terrace on the upper floor. Acceptable Outcome AO16.3 of the Low Density Residential Zone Code requires that ‘development does not include rooftop terraces’ and as such assessment against Performance Outcome PO16 is required.
PO16
Roof designs:
contribute positively to the character of the streetscape;
incorporate eaves and roof overhangs;
avoid boxy elevations on the front facade of the building;
do not present an appearance of excessive bulk to the street or neighbouring properties;
do not create opportunities for residents or building users to overlook the private open space or view into habitable windows or doors of neighbouring properties.
A site inspection of the subject site determined that the proposed rooftop terrace in its current form has the capacity to cause issues of overlooking to neighbouring properties, as the current dwelling house already overlooks into the private open space of neighbouring properties (see Figures 15 and 16 below).
In order to comply with Performance Outcome PO16, a condition is to be included requiring amended plans be submitted before the issuing of any further approvals that reduce the extent of the rooftop terrace towards the rear of the site by a further 3 metres from the edge of the upper level and maintain the proposed side walls/screens to ensure no issues of overlooking are created to neighbouring properties.

Figure 16 – View from Current Dwelling House to the South

Figure 17 – View from Current Dwelling House to the North
Coastal Protection and Scenic Amenity Overlay
To ensure the development complies with the Purpose and Overall Outcomes of the Overlay Code, with particular regard to 2(b), conditions have been imposed relating to levels of illumination to ensure that the development is sited to protect the natural beach experience and scenic amenity of the coastal area, in particular regarding turtle breeding seasons.
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agencies:
Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for building work on a premises completely or partly seaward of a coastal building line.
The Department has responded advising that development is to be carried out in accordance with the approved plans and that erosion and sediment control measures are to be installed and maintained to prevent the release of sediment to tidal waters.
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Development Engineer
Other Referrals
The application was forwarded to the following external experts for review and/or comment
Geotechnical Engineer
Hydraulic Engineer
conclusion & REASONS FOR DECISION
This application relates to the development of a dwelling located in the coastal protection and scenic amenity overlay, landslide hazard overlay and subject to a coastal building line. The application material includes a geotechnical investigation and a coastal hazard assessment that have been reviewed by external geotechnical and hydraulic engineering consultants. Conditions have been incorporated to reflect the recommendations of the review to ensure the dwelling’s construction addresses the potential impacts of coastal erosion processes and landslide.
The proposed development seeks to vary provisions within the planning scheme in relation to site cover, height, the inclusion of a rooftop terrace and building beyond the coastal building line. The variations are considered reasonable and will not cause any detrimental impacts to the subject site, surrounding properties or the streetscape. As such, the proposal is recommended for approval.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
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GENERAL COMMITTEE MEETING REPORT	24 OCTOBER 2022

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VEWLOOKING NORTH EAST FROM SEAVEW TERRACE
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