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MCU22.0174-Applicant's Response to Council's IR · MCU22/0174

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9th December 2022

Our Ref:002424
Council’s Ref: MCU22/0174

Noosa Shire Council
The Chief Executive Officer
9 Pelican Street
Tewantin QLD 4565
Via email: [email protected]


ATTENTION: Lisa Pienaar


Response to Council’s Information Request– Application for a Development Permit to Establish a
Dual Occupancy

23 Edward Street, Noosaville Qld 4566
Lot 0, 1 & 2 on GTP 492


Dear Lisa,

In relation to the abovementioned property and development application MCU22/0174, on behalf of Edward
Street Development Pty Ltd, we hereby submit the following information as requested in Council’s Information
Request dated 21 October 2022.

In accordance with section 13.2 of the Development Assessment Rules, we wish to advise that the applicant
is providing all of the information requested.

The following attachments are enclosed within this response:

         • Attachment 1 –Revised Architectural Plans prepared by Tim Ditchfield Architects (Revision B),
         • Attachment 2 –Revised Engineering Plans and Response prepared by SCG Engineers (Revision
             A).


Council’s Issue – Garage Door Width
The proposal does not comply with AO15.1 & AO15.2 of the Medium Density Residential zone code as the
combined garage doors are greater than 6 metres wide and 50% of the frontage. Additionally, the design is
not considered to comply with the corresponding PO15 as the garage doors are a dominant feature of the
building.

Information Required by Council
1.      Provide an amended design and plans that comply with AO15.1 & AO15.2 or at the very least minimise

RG Strategic                                                      PO Box 1818       07 5474 3873
                                                                  Noosa Heads       [email protected]
                                                                  QLD 4567          rgstrategic.com.au
Full text of the other 8 pages

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         the width and integrate the doors into the building so that they do not dominate as required by PO15
         of the Code. Examples to minimise appearance of garaging can vary in line and plane in conjunction
         with the dwellings façade where appropriate, materials used that complement the dwelling, and
         doors not appear as a garage door etc.


Applicant’s Response
Refer to the Revised Architectural Plans prepared by Tim Ditchfield Architects (Revision B) enclosed within
Attachment 1. An amended design is proposed to the front façade as suggestion by Council as illustrated
below.

The new design clearly demonstrates that the garage doors do not dominate the street of the building
design. They are in fact invisible unless opened.

The garage doors have been altered to integrate into the front plane of Ground Floor façade so that they
do not dominate the building design. Timber cladding has been chosen to provide textured, natural and
lightweight finish to the design.




Figure 1: Edward Street Perspective (Attachment 1, Plan No. DD8.5 B)


Council’s Issue – Entry Structures
Two entry pergolas are located within the front and side setbacks and does not comply with AO12.1 of the
Medium Density Residential zone code. It also does not comply with the corresponding PO12, as this will
compromise the amenity of adjoining premises. Further, AO12.2 of the Medium Density Residential zone code
seeks that the front 6 metre are landscaped open space and these structures limit the extent of
landscaping in the setback and contribute to building bulk.
Pavers are located on the road reserve and this is not supported.

Information Required by Council
2.       Submit amended plans that remove these structures and include landscaping in its place.
3.       Submit amended plans that remove pavers on the road reserve.


Applicant’s Response
2. The design of the entry pergolas have been revised, with the following amendments to the previously
supplied plans made:

         •   The pergolas are a landscape element and are setback from the front boundary by 1 metre.

                                                                       PO Box 1818    07 5474 3873
                                                                       Noosa Heads    [email protected]
                                                                       QLD 4567       rgstrategic.com.au

Page 3

        •   The entry pergolas have a maximum height of 3 metes and are not roofed, and as such are not
            defined as a structure.

        •   Landscaping vegetated elements are proposed to the pergola entries which compliments the
            built form of the duplex and provides a further softening treatment to the front façade.

        •   The pergolas do not impact amenity of the adjoining properties, to the south, the area of the
            pergola adjoins the properties bin storage area and their feature entry landscaping structure (this
            is approx. 1200mm from the boundary and to the north, adjoins to a vacant rear back yard.

        •   The landscaped entry pergolas comply with outcome sought for AO6.1 of the Dual Occupancy
            and Multiple Dwelling Code as they provide clearly identifiable entry areas for residents and
            guests.

3. The pavers from the road reserve have been removed.




Council’s Issue - Side Setback of Roof
The lower roof is proposed 0.78 & 0.8 metres setback from the side boundaries, in lieu of the required 1.5
metres and does not comply with AO12.1 of the Medium Density Residential zone code. It also does not
comply with the corresponding PO12, as this will compromise the amenity of adjoining premises.

Information Required by Council
4.      Provide amended plans that position the roof setback 1.5 metres.

Applicant’s Response
The proposed architectural plans have been revised to further increase the side boundary setbacks. Refer to
the First Floor Plan (Plan No. DD2.2 B) and East Elevation (Plan No. DD4.1 B – Figure 2 below).

The setback of the concrete awnings on the first floor to the side boundaries has been increased from 0.780
metre and 0.800 metre, to 0.990 metre on both side boundaries. As depicted in Figures 2 and 3 below, the
side boundary relaxation sought is only for the awning. The bulk of the building mass of Unit 2 is further setback
from each side boundary at 3.101 metres and 2.300 metres being the distance from the terrace and staircase
entry to the side boundaries.




                                                                      PO Box 1818        07 5474 3873
                                                                      Noosa Heads        [email protected]
                                                                      QLD 4567           rgstrategic.com.au

Page 4

Figure 2: Edward Street/East Elevation (Attachment 1, Plan No. DD4.1 B)

The entry pathways to Units 1 and 2 have been reduced in width by 0.190 metres, and 0.210 metres
respectively. This reduction allows for deeper landscaping to occur along the northern and southern
boundaries, including the planting of trees which will screen these sections of the proposed duplex from the
adjoining properties.

Unit 2’s intrusion into the setback is for approx. 3.5m in length which is in alignment with the neighbouring
properties clothes line area, which does not impact on amenity. Unit 1’s intrusion is for approximately 9m which
is in alignment with the adjoining areas open space area. Due to the intensive landscaping proposed od
Syzigiums, the minor intrusion will not be visible.




Figure 3: South-East Perspective (Attachment 1, Plan No. DD8.2 B)


Council’s Issue - Height of Fence and Retaining Wall
The side and rear boundary fence is proposed to be located on top of the retaining wall, having a
combined height of 2.8 metres due to the filling of the site. This creates amenity issues for neighbouring
property. The positioning of the fill should taper down to boundaries where possible.

Information Required by Council
5.      Provide amended plans that consider the amenity of adjoining property and amend fill areas and
        fence heights accordingly.


Applicant’s Response
As denoted on the Contour Survey Plan prepared by Noosa Cooloola Land Surveys and within the

                                                                      PO Box 1818       07 5474 3873
                                                                      Noosa Heads       [email protected]
                                                                      QLD 4567          rgstrategic.com.au

Page 5

Architectural Plans (Revision A and B) prepared by Tim Ditchfield Architects, the subject site is adjoined by
properties which have been filled to meet the minimum floor level required by Council. The fill on the adjoining
lands at 30 Elizabeth Street and 25 Edward Street is retained by existing retaining walls. Figure 4 identifies
the location of the existing retaining walls.




Figure 4: Contour Survey (Lodged to Council 5/10/2022)

As the site is constrained by Council’s Flood overlay and due to the existing retaining walls and raised ground
levels of the adjoining properties, earthworks including fill, retaining walls and privacy fencing are necessary
and essential to the proposed development.

For the proposed development to not unreasonably impact on the amenity of the nearby premises, including
privacy, the proposed retaining walls and timber fence at a height of 1.800 metres is required. As such, the
retaining walls and timber fencing as originally proposed have not been revised in order for the development
to provide a level of privacy and screening expected for the locality.

The filling of the property as detailed within SCG’s Earthworks Plan 32091-OW3.1 show the areas of the site
proposed to be filled, cut or left untouched. As can be seen on their drawing or other images provide within
Amended Plans, the side fencing reduces to 1.8m from NGL at a distance of 6m from the front property
boundary, hence the fence will step down at this area as there will be no retaining wall, reducing the height
that is presented to adjoining properties.




Council’s Issue – South Elevation Presentation
The south elevation, particularly the upper level lacks articulation, lacking a variance of materials (including
windows) and a mix of vertical to horizontal elements.




                                                                     PO Box 1818         07 5474 3873
                                                                     Noosa Heads         [email protected]
                                                                     QLD 4567            rgstrategic.com.au

Page 6

Information Required by Council
6.      Provide amended plans that address the lack of articulation of the south elevation.


Applicant’s Response
The southern elevation has been revised to include additional articulation as suggested by Council. Refer to
Plan No. DD4.3 B (Attachment 1). The southern elevation of Units 1 and 2 have been revised to include
additional window openings, vertical timber screening and horizontal timber treatments. Figure 5 illustrates
the variations made to the southern elevation as requested.




Figure 5: South-West Perspective (Attachment 1, Plan No. DD8.2 B)




Council’s Issue - Sustainable Building Design Code
It is noted there is no provision for water tanks on site. This is required by the AO2.1 of the Sustainable
Building Design Code and is to be incorporated within the stormwater management plan.


Information Required by Council
7.      Provide amended plans that provide for rain water storage as per the code.


Applicant’s Response
The Architectural Plans (Attachment 1) have been amended to include the provision for a rainwater tank to
be installed in the garage, one tank for each unit. A revised Stormwater Management Plan has been prepared
by SCG Engineers and is enclosed within Attachment 2.




                                                                      PO Box 1818        07 5474 3873
                                                                      Noosa Heads        [email protected]
                                                                      QLD 4567           rgstrategic.com.au

Page 7

Council’s Issue - Front Setback for Landscaping
The front fence is located on the front boundary. AO12.2 of the Medium Density Residential zone code seeks
that the front 6 metres is landscaped open space and AO17.1 seeks that the front fence or wall is set back
an average of 1 metre and have a stepped in design.


Information Required by Council
8.      Provided amended plans that comply with the above provisions in Noosa Plan.




Applicant’s Response
The proposed architectural plans have been amended as requested by Council. Refer to Plan No. DD2.1 B
within the Revised Architectural Plans (Attachment 1). A landscaped frontage with a depth of 1.000 metre is
proposed along the eastern boundary. Refer to Figures 1, 2 and 3 which illustrated the proposed setback of
the front fence.

A timber screen gate to the front fence is proposed and provides articulation to the eastern elevation.




Council’s Issue – Driveway
There is a discrepancy between the architectural plans and the engineering plans in regard to the width
and shape of the access driveway.
It is noted that:
i.      due to the narrow verge width, a standard crossover cannot be constructed,
ii.     Edward Street at this location is a “local road” and on-site manoeuvring is not required, and
iii.    Council’s intention is to minimise the extent of hardstand in the road reserve

Information Required by Council
9.      Provide architectural and engineering plans that are consistent in regard to the width and shape of
        the proposed access driveway
10.     Provide amended swept path plans that indicate that vehicles accessing each space can enter and
        exit without encroaching onto the adjoining occupied space or conflict with other structures,
        landscaping etc


Applicant’s Response
9. Refer to the Revised Architectural Plans and Revised Engineering Plans enclosed in Attachments 1 and 2
respectfully. Plan No. OW4.2 and OW4.3 detail the revised driveway design within Attachment 2.

10. An amended swept path plan has been prepared by SCG Engineers. Refer to Plan No. OW5.1 within
Attachment 2.




                                                                    PO Box 1818          07 5474 3873
                                                                    Noosa Heads          [email protected]
                                                                    QLD 4567             rgstrategic.com.au

Page 8

Council’s Issue – Filling
The proposed filling of the site has the potential to create additional ponding of stormwater on adjoining
properties.

Information Required by Council
11.     Provide additional survey detail of the adjoining properties to demonstrate that the filling of the site
        will not cause additional ponding on the adjoining properties.
12.     Where necessary provide an amended stormwater design that includes features/measures to
        address the additional ponding.


Applicant’s Response
11. The proposed filling of the subject site will not cause any ponding. The following response from SCG
Engineers is submitted in response to Council’s concern:

        We confirm the site will not create additional ponding to adjoining properties. Both adjoining
        neighbours to the south and west have been filled and are bound by block walls. Additionally, as
        displayed on the site survey completed by Noosa Cooloola Land Surveys, the existing site currently
        falls onto the northern adjoining property (No. 32 Edward Street), therefore the proposed filling will
        improve existing conditions.
12. Plan No. SW1.1 is an amended Stormwater Management Plan prepared by SCG Engineers (Attachment 2).



This ends our client’s response to matters raised by Council within their Information Request.

We ask that Council proceeds with the assessment of this application under section 13.3 of the Development
Assessment Rules, effectively ending our applicant’s response period.

Should you require any additional information or have any queries please to not hesitate to contact us.

Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic




                                                                    PO Box 1818        07 5474 3873
                                                                    Noosa Heads        [email protected]
                                                                    QLD 4567           rgstrategic.com.au

Page 9

STRATEGIC SOLUTIONS,
CREATIVE THINKING

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