Cover Letter - Minor Change Application

AO9.3
Buildings and structures meet the following minimum setbacks to boundaries other than road frontages and
rear boundaries:
a) 1.5 metre setback up to 4.5 metres height;
b) 2 metres setback between 4.5 metres and 7.5 metres height; and
c) 2.5 metres if above 7.5 metres height.

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;
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;
e)   allow for space and landscaping to be provided between buildings including adequate area at ground
     level for landscaping with trees, shrubs, outdoor living and utilities;
f)   be consistent with the predominant character of the surrounding area; and
g)   protect the natural character and avoid adverse impacts on ecologically important areas such as
     national parks, waterways and wetlands.

The proposed pergola provides a 0m setback from its outermost projection to the side boundary of the site,
consistent with an existing shade sail structure that is replacing. Consequently, it does not comply with the
minimum side setback of 1.5m sought of AO9.1. While not achieving the acceptable outcome, it is
considered that the proposed pergola complies with Performance Outcome PO9 of the Medium Density
Residential Zone Code for the following reasons:
+ the pergola would provide a high level of amenity for the users of the subject site in that:
    o the pergola would replace an aging shade sale and would allow a covered area having
          dimensions of 21m2 which would provide an adequate size, shape dimensions to support a family
          dining table and outdoor living opportunities that to meet the needs of the occupants;
    o the pergola would enhance liveability of the dwelling and promote outdoor living; and
    o it would better respond to Noosa Shire’s subtropical climate and improve the passive design of
          the unit by incorporating a solid roof and operable louvres to the southwestern side to shade the
          western sun;
+ the pergola is a low profile, open and lightweight structure and would maintain visual and acoustic
    privacy for adjoining residents and not unreasonably obstruct views;
+ the pergola maintains existing setbacks and thus provides adequate separation to the adjoining
    dwelling to the north which is part of the same development;
+ the proposed pergola will preserve the landscaping located along the northern side boundary and
    therefore maintain adequate landscaping at the ground level; and
+ the proposed additions are not visible from the street frontage, relate to an internal boundary within a
    community title scheme, and will be consistent with the predominant character of the area which
    consists of multiple dwellings in a medium density environment that incorporate a number of intrusions
    into the side setback including:-
    o the adjoining unit to the east 4/19 Laburnum Street, which was permitted to have a built to
        boundary pergola through a minor change application;
    o the multiple dwelling at 17 Laburnum Street which incorporates built to boundary side setbacks; and
    o the multiple dwelling at 21 laburnum Street which incorporates built to boundary side setbacks.