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Noosa Council documents
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Noosa Council documents
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Noosa Council documents
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Noosa Council documents
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Noosa Council documents
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Noosa Council documents
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Noosa Council documents
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Noosa Council documents
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Noosa Council documents
Comment [DSP]: Page: 1
Form 6 - Decision Notice Insert name and address of agency.
Comment [DSP]: Page: 1
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
If refused, delete the section headed
Referral Agencies
Referral Agency Address
File No: 23046 DA Date of Decision: 6 March 2003
Comment [DSP]: Page: 1
Insert Designer’s
Application Name,
Type and Plan No.
Decision and
details
1. APPLICANT DETAILS Date ofdecided
Council Plan. to <
applicable codes
Name: COOLUM DESIGN & BUILDING SERVICES
Comment
The developer mustPage:
[DSP]: comply 1 with the
Insert Yes
following or No
codes in each column
for self-assessable
Postal address: ATTN: DEBBIE JOHNSON PO BOX 258 COOLUM QLD 4573 adjacent
developmentto each
relatedcategory.
to the development
approved under this Development Permit:-
1. <
Phone no: 5448.8850 Fax no: 5448.9728 Mobile: 0418 715702
SUBMISSIONS
Not applicable.
2. PROPERTY DESCRIPTION Conditions and insert reasons for
refusal.
Street address: 16 MCANALLY DRIVE
Suburb/locality SUNSHINE BEACH
Real property LOT 85 RP 81810 PARISH WEYBA COUNTY MARCH
description:
3. OWNER DETAILS
Name: KIM J GROVE & LYNETTE VESPER
Postal address: PO BOX 857 NOOSA HEADS QLD Postcode: 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Modification to Planning Scheme NO YES
Provisions (Building Height)
6. DECISION DETAILS
Council decided to approve the application and grant a Development Permit, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
8. SUBMISSIONS
Not applicable.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2
10. FURTHER DEVELOPMENT PERMITS REQUIRED Comment [DSP]: Page: 2
Type name of officer signing
Type of Development Permit required Subject of the required Development Permit
Building Works Extension to dwelling house
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Shire Council Signature: Date: 13/03/2003
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are numbered 0603-SK1B, SK3A to 9A prepared by Jeff lee &
Associates and dated July 2002 and as may be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
emissions.
3. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use.
4. This Development Permit for a material change of use of premises lapses if:-
4.1. the use or erection of a building or other structure associated with the use, has not been
commenced by 20 March 2007, unless application is made and approved by Council for an
extension; or
4.2. the use of any premises pursuant to the Development Permit ceases.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for
submitters for the application are not available against
Division 8 - Appeals to court relating to the part of the approval that represents the
development applications concurrence agency’s response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a development a development approval for a development
application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be following notices have been given may appeal to the
started at any time after the last day a decision on the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(2) The appeal must be started within 20 business
(superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is
scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the
mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the
against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started
(4) If an application involves both impact
at any time after the last day the decision on the
assessment and code assessment, appeal rights for
matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
1 Section 3.1.6 (Preliminary approval may override local planning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5
(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be started
at any time after the last day the decision on the
matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2 Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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1
<. MCANALLY DRIVE, SUNSHINE BEACH - MODIFICATION TO PLANNING
SCHEME PROVISIONS (BUILDING HEIGHT) & BOUNDARY MODIFICATION -
23046 DA (KC, NG & CA)
REPORT BY: Senior Planning Officer’s & Manager Building Services - Kerri
Coyle, Nadine Gorton & Clay Anderson
FILE: 23046 DA
APPLICANT: Coolum Design & Building Services
OWNER: Kim Grove & Lynette Vesper
SITE: 16 McAnally Drive, Sunshine Beach described as Lot 85 RP
81810, Parish of Weyba
EXISTING USE: Dwelling House - 3 storeys, 10 metres
AREA: 531 m²
STRATEGIC PLAN:
Preferred Dominant Detached Housing
Land Use:
Other Designation: Nil
ZONE: Residential Single Unit
PROPOSED Modification to Planning Scheme Provisions (Building Height)
DEVELOPMENT:
DEVELOPMENT Development Preliminary
APPROVAL SOUGHT: Permit Approval
Material Change of Use
Building Works
Reconfigure a Lot
Operational Works
Plumbing & Drainage Works
REFERRAL AGENCIES: Nil
RECEIVED: 25 October 2002
FEES PAID: $810
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Environment & Planning Portfolio
111 Reports < - Ordinary Meeting < 2
RP81810
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1 INTRODUCTION 94
1.1 SITE & LOCALITY DESCRIPTION
Lot 85 on RP 81810 is located at 16 McAnally Drive, Sunshine Beach. The site slopes from the
front western boundary to the rear eastern boundary (approximately 16%), as well as from north to
south. A 3 storey dwelling (10 metres) has already been developed on the 513m2 site. Sites to the
west and immediately south remain undeveloped.
1.2 PROPOSAL
The proposal seeks approval to modify the Schedule’s 8 metre building height requirements
to facilitate an extension to an existing 3 storey, 10 metre high dwelling. The proposed
extensions are to create a second storey on the front portion of the house and exceed the
Schedule’s preferred building height for a small section of roof sloping down from the
existing ridgeline. Attachment 1 details the proposal plans.
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2 ASSESSMENT OF BUILDING HEIGHT
2.1 STRATEGIC PLAN
The site is located in the Eastern Beaches Locality and is designated Detached Housing under
the Strategic Plan. The Strategic Plan objectives for Detached Housing seek to:
“Provide urban detached housing areas with high levels of amenity consistent with the
informal, beachside character of the eastern beaches locality”.
The Strategic Plan further states that it is intended to maintain a high level of amenity by:
“…Maintaining a low rise, low impact, low density development of one and two storey
buildings…”.
The proposed extensions seek a modification to achieve a maximum building height of 9.5
metres. Whilst the height is considered significant, it is in context with the existing building
and does not extend beyond the current dwelling’s ridgeline and slope to the site’s frontage to
a height of 6.5 metres. The extensions are designed to complement the existing building
design, and maintain a low-rise appearance from the street. The extensions are setback 1.5m
to 2.5 metres from the side boundary with landscape screening existing between the adjoining
dwelling.
2.2 SCHEDULE PROVISIONS
Section 5.2.1 of the Scheme requires dwelling houses to not exceed 8 metres and 2 storeys in
building height in the Residential Single Unit Zone. The Schedule also outlines the instances
where Council may dispense with or modify the building height in storeys or building height
in metres, having regard to the following:
Schedule’s Criteria Assessment of Proposal
a) Whether there are in existence upon the 8 The site has slopes of approximately
site considerable slopes or other 16% and does not warrant special design
topographical constraints which require consideration. The site’s slope however
special design considerations; will reduce the apparent height of the
dwelling for the adjoining northern
neighbour being positioned down the
slope.
b) Whether the site slopes down from a 4 The low level is not visible from
roadway, such that at least the upper levels McAnally Drive.
of the lowest storey of the building are
located below the level of the road;
c) Whether an appearance of bulk will be 4 The proposal will not present an
presented to adjacent properties, roads or appearance of bulk to the road as the
other areas in the vicinity of the site; dwelling will appear as a 2 storey
dwelling. Impacts of bulk for adjoining
properties are minimised by existing
vegetation and the roof design and
stepping of the lower level.
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d) Whether the proposal will create 4 It is unlikely that the proposal will result
overshadowing effects upon adjoining in overshadowing effects upon adjoining
properties; properties.
e) Whether the proposal will have 4 The proposal will have no significant
significant impacts upon the existing impacts upon the existing skyline.
skyline in the area
f) Whether special architectural design is 4 The existing 3 storey, 10-metre dwelling
proposed which requires partial influences the height of the proposed
infringement to achieve the design. extensions.
g) Whether existing vegetation will buffer 4 Existing vegetation on adjoining
the proposed building and decrease the properties and the site will buffer the
impact of the additional height; proposed dwelling and minimise the impact
of the additional height.
h) Whether the proposal will have a 4 The proposal will have no detrimental
detrimental effect upon the existing impact on the property to the site’s
amenity of the area; and northern and western boundary. The
additional height does not add to the bulk
of the building, the additional height being
limited to the ridgeline.
i) Whether adjoining land accommodates 4 The proposal will have no significant
buildings of similar height and the impacts on the character of the area.
proposed building is in keeping with the
character of the area.
2.3 BUILDING COMMENTS
The Manager of Building has no objection to the proposed modification to building height.
A separate application has also been made to vary the 6-metre front setback requirement of
the Building Code of Australia, to allow an attached garage to intrude into the 6-metre front
setback area, within 1.5 metres of McAnally Drive, Sunshine Beach. The Manager of
Building Service advises that the works are acceptable and will be approved under delegation.
3 CONCLUSION
The proposed modification to building height in metres will have minimal impact on the
surrounding amenity, as the extension is in context with the existing building, do not extend
beyond the dwelling’s ridgeline and slope towards the site’s frontage to a height of 6.5
metres. The extensions will maintain a low rise appearance from the street and neighbouring
properties, with existing vegetation visually softening the built form.
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RECOMMENDATION
With regard to 23046 DA (Coolum Design & Building Services) for a Material Change of
Use of Premises for a Modification to the Planning Scheme Provisions (Building Height) at
16 McAnally Drive, Sunshine Beach described as Lot 85 RP 81810 Parish of Weyba, Council
grant a Development Permit, subject to the following conditions:-
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered 0603-SK1B,
SK3A to 9A prepared by Jeff lee & Associates and dated July 2002 and as may be
amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
3. Existing trees on the site and within road reserves are to be retained, except where
required to be removed due to building operations or the conduct of the approved use.
4. This Development Permit for a material change of use of premises lapses if:-
4.1. the use or erection of a building or other structure associated with the use, has not
been commenced by 20 March 2007, unless application is made and approved by
Council for an extension; or
4.2. the use of any premises pursuant to the Development Permit ceases.
Further Development Permits Required
5. Prior to the commencement of development, the following Development Permits must
be obtained:-
5.1. Development Permit for building works.
(Index 23046 DA - PO2 (Action Officer))
Directorates/Sections Consulted:
Business Corporate Services Community Services x Environ & Planning
Aquatic Centre Financial Services Art Gallery x Building Services
Building Certific.Group Information Services Enterprise Group Environmental Services
Child Care Centre Legal Services Environmental Health Land Development
Council Laboratory Planning & Support Library X Land Use
Leisure Centre Revenue Services Public Order and Safety Plumbing Services
Water & Sewerage Recreational Services Strategic Planning
Respite Centre
Works Human Resources Exec. & Secretariat
Design
Survey
Works Administration
Works Implementation
Works Planning
Works Support
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ATTACHMENT 1
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