2016-09-06 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                6 SEPTEMBER 2016


3.   ASSESSMENT
3.1. Instruments for Statutory Assessment
The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change because:
   The change would not result in a substantially different development as there is no change
     to the approved use onsite;
   The change would not trigger a new referral to the State Assessment and Referral Agency;
   The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the
request.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
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.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
   SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosa Heads Locality and is zoned Detached Housing. The
dwelling and associated buildings and structures are identified as a consistent use within the
zone.
Land Use & Works Provisions
The proposal is subject to the Building Works Code. The proposal generally complies with the
provisions of the Code except for setbacks. The applicant seeks a zero boundary alignment for
approximately 13m and therefore does not comply with the required 6m setback set out by
Probable Solution S1.1 of the Code.
Therefore the proposal must be assessed against the corresponding Specific Outcome O1 which
reads:
O1     Buildings and other structures are appropriately designed and sited to—
       a)     provide amenity for users of the premises as well as preserve the visual and
              acoustic privacy of adjoining and nearby land uses;
       b      preserve any existing vegetation that will buffer the proposed building from
              adjoining uses;
       c)     allow for landscaping to be provided between buildings;
       d)     maintain the visual continuity and pattern of buildings and landscape elements
              within the street;
       e)     for class 10a structures, do not visually dominate the street;
       f)     avoid any significant adverse impacts on the natural values of watercourses and
              their foreshores, including those of the Noosa River and its lakes; and
       g)     do not interrupt the natural cycles of erosion and accretion of watercourses and
              foreshore areas

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