2022-09-12 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                         12 SEPTEMBER 2022


   4    FURTHER REPORT - MCU21/0212 - APPLICATION FOR A MATERIAL CHANGE
        OF USE – DWELLING HOUSE AT 66 SEAVIEW TERRACE, SUNSHINE BEACH

   Author           Coordinator Planning, Patrick Murphy
                    Environment and Sustainable Development Department

   Index            ECM/ Application/ MCU21/0212

   Attachments      1.     Proposal Plans (27 page attachment provided separately to this
                           agenda


   EXECUTIVE SUMMARY
   A report for this application was presented to Council at the Planning and Environment
   Committee on 12 July 2022. The report addressed a range of issues including geotechnical,
   coastal hazards, front setback, site cover, being three storeys and the inclusion of a rooftop
   terrace. The application was recommended for approval subject to conditions.
   During the meeting a concern was raised about the part of the dwelling that is cantilevered
   within the coastal building setback being enclosed and not open as required by the planning
   scheme.
   The applicant stopped the Decision-Making Period until 18 August 2022 to address privacy
   and overlooking concerns associated with the rooftop terrace. On 11 August 2022 the
   applicant extended the stopped period until 15 September 2022.
   On 19 August the applicant submitted amended plans, the modifications seek to address the
   overlooking concerns and include:
       1.4m high angled privacy screen;
       1m wide planter; and
       8m wide mature canopy tree along the northern property boundary (between the pool
        and public walkway).
   The proposed modifications do not mitigate the overlooking of the vast private open space
   of the property to the north of the site. Whilst a 1.8-metre-high screen would address the
   overlooking concerns to the north the resultant bulk is not a desirable built form outcome.
   Furthermore, it is also apparent that overlooking will occur from the eastern face of the deck
   and it is not practical to screen this area as this is where ocean views to the rear of the
   property are obtained.
   The impact of enclosing the cantilevered part of the building has also been reviewed. Due to
   the topography of the surrounding area, existing vegetation and the development pattern
   along Seaview Terrace enclosing the cantilevered part of the building will not have a
   detrimental impact on the scenic amenity of the surrounding area or coastal processes.
   To address the issue of overlooking it is recommended that a condition be included requiring
   amended plans which delete the rooftop terrace prior to any further approvals being issued.

   RECOMMENDATION
   That Council note the Further Report by the Coordinator Planning to the General Committee
   Meeting dated 12 September 2022 regarding Application No. MCU21/0212 for a
   Development Permit for a Material Change of Use – Dwelling situated at 66 Seaview Terrace
   Sunshine Beach and
   A.   Approve the application in accordance with the following conditions:
        1.    Unless otherwise stated, all conditions of this Decision Notice must be complied
              with prior to the use commencing, and then compliance maintained at all times

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