Planning & Environment Court Appeal No. 2697 Of 2025 – Application For A Material Change Of Use For A Dwelling House 4 Arakoon Crescent, Sunshine Beach · Attachment 3 - Officer'S Original Report

               The proposal does not comply with Performance Outcome PO7 of the Low Density Residential
               Zone Code, as the proposed dwelling is 3 storeys and results in a built form that will visually
               dominate the surrounding area.
               Setbacks
               Front Setback
               Acceptable Outcome AO9.1 of the Low Density Residential Zone Code states:

                   AO9.1
                   Buildings and structures have a setback of 6 metres from the road frontage, provided that setback to
                   one frontage may be reduced to 4.5 metres where the lot:
                   a.    has frontage to more than one road; and
                   b.    is less than 600m2 in area; or
                   c.    is less than 15 metres in width.

               The proposed development does not meet AO9 of this code, as the front setbacks of the proposed
               development are as following:
               •        1.5m for the Lower Floor
               •        2.5m for the Ground Floor
               •        2.3m for the Upper Floor
               The proposal is therefore required to comply with the corresponding Performance Outcome PO9
               of the Low Density Residential Zone Code, which states:

                   PO9 Buildings and structures are designed and sited to:
                   a.    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;
                   b.    not unreasonably obstruct views or cause overlooking of private open space or habitable areas of
                         adjoining premises;
                   c.    provide adequate distance from adjoining land uses;
                   d.    preserve existing vegetation that will help buffer development;



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Document Set ID: 24048873
Version: 6, Version Date: 27/08/2025