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Appendix 1 - DA Permit 04-0429 Approval
Noosa Council documents
Environment & Planning Committee Reports 22/10/04 - Ordinary Meeting 4/11/04 1
<. MARTIN STREET (1/6), PEREGIAN BEACH – EXTENSIONS TO EXISTING
DUPLEX DWELLING – 04/4029 (DG)
REPORT BY: Planning Officer – Daniel Gallagher
FILE: 04/4029
APPLICANT: Stephen & Angela McCabe
OWNER: Stephen J McCabe & Catherine M McCabe
SITE: 1/6 Martin Street, Peregian Beach described as Lot 1 on GTP
345, Parish of Weyba
EXISTING USE Duplex Dwelling
AREA: 883 m²
STRATEGIC PLAN:
Preferred Dominant Semi-Detached & Attached Residential
Land Use:
Other Designation: Nil
ZONE: Residential Low Density
PROPOSED Material Change of Use of Premises – Extensions to existing
DEVELOPMENT: Duplex Dwelling
DEVELOPMENT Development Preliminary
APRROVAL SOUGHT: Permit Approval
Material Change of Use X
Building Works
Reconfigure a Lot
Operational Works
Plumbing & Drainage Works
REFERRAL AGENCIES: Environmental Protection Agency – Unexploded Ordinance
RECEIVED: 22/04/2004
NOTIFIED: 19 July 2004 – 10 August 2004
SUBMISSIONS: Nil
FEES PAID: $ 800.00
Print Date: 15 July 2020, 2:02 PM
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1 PROPOSAL
This application is seeking approval for an extension to an existing Duplex Dwelling at Unit
1/6 Martin Street, Peregian Beach. The existing duplex comprises a single storey brick
building, and the applicant proposes to extend Unit 1 and add an additional storey. Unit 2 will
remain unaltered. The subject site is vegetated with a native lillypilly as well as a number of
non-endemic species including a lemon tree, frangipanni, coconut palm and umbrella tree.
(Refer to Attachment 1)
2 PUBLIC NOTIFICATION
The application was publicly notified on 19 August 2004, with submissions closing on 10
August 2004. A Notice of Compliance was received on 17 August 2004 confirming that all
the requirements of the Integrated Planning Act have been fulfilled. No submissions were
received during the Public Notification period.
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3 ASSESSMENT
3.1 STRATEGIC PLAN
The site is located in the Eastern Beaches Locality and is designated Semi-Detached &
Attached Residential under the Strategic Plan. Section 9.2.1.2 of the Strategic Plan identifies
key features which will assist in maintaining the character of the locality and include building
forms which:
Key Features for Area Proposal
Are low rise and which respect the scale of The proposed development complies with the
vegetation in the particular part of the locality. 8m / 2 storey height requirements.
Have low site impact, enhancing the opportunity to The proposal includes the removal of a native
maintain natural site characteristics. lillypilly as well as a number of non-endemic
trees including a lemon tree, frangipanni,
coconut palm and umbrella tree. It is suitable to
require the mature coconut palm to be replaced
with a large endemic tree to achieve a height of
8-10 metres. It is also suitable to require another
large endemic tree to be provided in the rear
yard of Unit 1 to maintain the amenity of the
area. Conditions are proposed to this effect.
Integrate with any landform, by stepping along or The subject site is flat and no cut or fill is
with the dune systems, without the need for proposed for the extension.
extensive cutting and filling.
Vary in line and plane, complementing the The proposed building varies in line and plane
landform changes and landscapes, which are and has varied roof pitching and window
characteristic of the area. awnings.
Promote the concept of small separate buildings, The proposed development is a modification
rather than large single, bulky developments. to an existing duplex dwelling that is consistent
with the other developments in the locality.
3.2 PLANNING SCHEME
Section 5.3 of the Planning Scheme contains requirements for duplex dwellings. The
following table provides an assessment of the proposal against these provisions: -
Criteria Planning Scheme Proposal Complies
Site area 500 m² min 883 m²
Population density 6.6 persons max 5.7 persons
Plot ratio 0.45:1 max 0.32:1
Gross floor area 397 m² max 279 m²
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Site cover 40% max 32 %
Landscaped open space 228 m² min 538 m²
Length of wall 15 metres desirable max 19 metres (existing) X
Boundary setbacks 4.8m existing (Avocet
Pde – west), 4.9m eave
Frontage 6 metres min (Martin St – 5.7m exist) X
Eastern Side 1.5 metres min 1.5 metres
Northern Side 1.5 metres min 3.0 metres
Building height
in storeys 2 storeys max 2 storeys
in metres 8.0 metres max 7.8 metres
Carparking 2 covered 3 covered
1 uncovered 1 uncovered
As seen in the table above, the proposal generally complies with the requirements of the
Planning Scheme, apart from the existing non-complying length of the northern wall, the
existing reduced setback to the Avocet Parade road frontage boundary and the minor
additional encroachment to Martin Street road frontage boundary for an eave overhang.
3.3 AREAS OF NON-COMPLIANCE
The existing northern wall at the rear of the duplex is 19 metres in length, approved in
1978, is to remain.
The existing approved duplex is setback 4.8 metres from the Avocet Parade road
frontage boundary and 5.7 metres from the Martin Street road frontage boundary. The
proposed additions include an 800mm eave overhang within 4.9 metres of the Martin
Street road frontage boundary. This is considered acceptable when considering the
existing setbacks, the increased setback at the corner, the reduced setbacks of the
adjoining development, and the relative scale of the development. Furthermore, eave
overhangs are a positive design feature and are encouraged to be provided.
There is limited existing vegetation provided between the Martin Street road frontage
boundary and the visitor car park/manoeuvring area. It is in order to require dense
screening vegetation to be planted in this setback area. A condition is proposed to this
effect.
4 BUILDING SERVICES COMMENTS
No objections to this proposal.
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5 ENVIRONMENTAL HEALTH COMMENTS
No objections to this proposal.
6 LAND DEVELOPMENT COMMENTS
Vehicle Access
Vehicle access to the development is proposed from the existing driveway off Martin Street
via a 3.5 metre wide driveway that rises from the street at a gentle grade.
The position of the driveway allows good sight distances in both directions and the proposed
driveway grades will not cause vehicles to scrape and/or bottom.
Accordingly the vehicle access is considered acceptable for the number of vehicles expected
to use it.
Carparking
Off Street
The proposed extensions will provide an additional covered carpark for unit 1 in the double
garage. The existing approved visitor carpark will remain unchanged. These are considered
acceptable as all spaces comply with AS2890.1-1993 in terms of size with enough room to
allow vehicles to reverse out - turn around - and then leave the site in a forward direction.
Roadworks Contributions
In accordance with the requirements of Council’s Coastal Major Road Network Infrastructure
Charges Plan and Chapter 5 of the Integrated Planning Act 1997, approval of this
development application will trigger an Infrastructure Charge Notice to be issued for the
amount of $531.00. An advice condition is included.
Frontage Works
The proposal to extend one of the two approved units on the site is not considered to be a
major change and therefore it is not proposed to require frontage upgrading as part of the
approval.
Pathway Contributions
In accordance with Council’s Planning Scheme Policy PSP41 Coastal Major Pathway
Contributions, a contribution is required to be paid and a condition is included.
Stormwater Drainage
Though no proposal has been given to where roof water or surface water drainage is to
discharge, it would appear possible to connect into Council’s existing drainage structures in
Martin Street.
Sewer Mains
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A newly constructed sewer main is located adjacent to the proposed extensions. The
applicant has amended the proposal such that the new building works will be located clear the
sewer zone of influence. The applicants will be required to design footing for structures such
that no surcharge loading is applied to the sewer main.
In addition to this the applicant will also be required to create an easement over those parts of
the sewer that impact on the subject site.
Town Water Supply
The existing duplex is has existing connection to Council water supply system.
Service Easements
An easement will be required to be created over the existing sewer main as previously
mentioned.
Headworks
Water Supply and Sewerage Headworks are payable in accordance with Council’s Planning
Scheme Policies PSP28 and PSP30 respectively.
Erosion and Sediment Control
Erosion and sediment control devices will be required to be installed over the development
site and maintained during the construction phase.
It may also be necessary that these devices be kept and maintained for a period of time after
the construction phase and until the site is stabilised with vegetation and the risk of erosion
has been greatly reduced.
Bonds
Given the extent of earthworks and general construction required for this development, it is
considered appropriate to require a $2,000 bond to ensure no damage occurs to the
environment and/or to any of Council’s infrastructure. This amount should however be
combined with other bond money required by this permit to form one amount which can be
considered as the Compliance Bond.
7 CONCURRENCY AGENCY REPONSES (EPA)
The Environmental Protection Agency acting as a concurrency agency for contaminated land
(UXO) has reviewed the application and advises that they have no objection to the proposal
provided that their concurrency agency conditions are attached to the development approval.
8 CONCLUSION
The proposed extensions to the existing Duplex Dwelling on the subject land is consistent
with the objectives of the Strategic Plan and complies with the majority of the development
standards as outlined in the Planning Scheme.
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Land Development staff have advised that a compliance bond of a minimum of $2,000 should
be required to ensure no damage occurs to the environment and/or to any of Council’s
infrastructure. However a total bond of $10,000 is considered more appropriate, given the
additional landscape works required.
This application does not raise any major planning, building, engineering or environmental
health issues and is recommended for approval subject to conditions.
RECOMMENDATION
With regard to 04/4029 (Stephen & Angela McCabe) for a Material Change of Use of
Premises for a Duplex Dwelling at 1/6 Martin Street, Peregian Beach described as Lot 1 on
GTP 345, Parish of Weyba, Council approve the application and grant a Development Permit,
subject to the following conditions:-
Council Conditions
Land Use
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered SK01 A – SK06
A, SK02 & SK03, labelled: Site Plan, Ground Floor, Upper Floor, Roof, South and
East, North and West prepared by unknown, dated March 2004 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. All fencing shall be setback at least 1 metre from the front property boundary, with at
least half of the fencing to be setback 2 metres. The area of land between the fence and
the front property boundary shall be densely landscaped to screen any fencing.
4. Any deck areas shall not be enclosed with shutters, glass panelling or the like, thus
remaining as open structures.
5. The open space and setback areas are to be landscaped in accordance with Council’s
Policy on Landscaping Guidelines and a properly prepared landscape plan. Such
landscaping is to be completed prior to the premises being occupied and maintained at
all times thereafter. The landscape plan is to include the following:
5.1. The implementation of garden beds with screening vegetation consisting of a mixture of
native trees with mid and understorey planting in the setback area along the Martin
Street road frontage and along the eastern boundary.
5.2. The mature coconut palm in the southeastern corner of the site shall be replaced with a
large endemic tree (100 Litre +) to achieve a height of 8-10 metres.
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5.3. The existing shrubs along the northern boundary are to be retained and a large endemic
tree (75 Litre +) shall be provided in the rear garden of Unit 1 to replace the trees
required to be removed due to the extensions, in order to maintain the amenity of the
area.
6. 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.
The landscape plans referred to above are to denote areas of existing vegetation or
existing trees proposed to be retained.
7. The landscaping plans referred to above are be prepared and certified by a suitably
qualified and experienced Landscape Architect or Horticulturalist.
8. Details of the proposed colour scheme shall be submitted for approval prior to issuing a
Development Permit for Operational Works.
9. The proposed development shall have all kitchen, laundry and bathroom fittings that
comply with the AAA Water Conservation Rating System as defined by the AS/NZS
6400 (Water Efficient Products - Rating and Labelling 2003) and AS/NZS 3500
(National Plumbing and Drainage Standard Part 1.2). All tap ware and shower roses
shall not exceed a maximum flow of 9 litres per min. Dishwashers and washing
machines are excluded from this requirement.
10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for operational works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit.
11. The requirements of this development approval are to be effected, prior to the use of the
premises. Council reserves the right to call upon the bond or guaranteed sum referred to
in this approval to effect compliance with conditions.
12. The subject site is located within an area previously contaminated by Unexploded
Ordnance (UXO). Whilst the site has been given clearance by the Environmental
Protection Agency, care should be exercised while excavation works for the proposed
development are undertaken. For further information contact the Environmental
Protection Agency.
13. This Development Permit for a material change of use of premises lapses if:-
13.1. the use or erection of a building or other structure associated with the use, has not been
commenced by 5 November 2008, unless application is made and approved by Council
for an extension; or
13.2. the use of any premises pursuant to the Development Permit ceases.
14. The developer must obtain all of the other Development Permits referred to in the
Decision Notice, prior to obtaining a Development Permit for building works.
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Land Development
Vehicle Access
15. A vehicular access driveway to serve shall be from the Martin Street frontage of the
site.
16. All vehicles shall enter and leave the site in a forward direction.
Carparking
Off Street
17. Carparking shall be provided within the site as shown on drawing number SK02a.
18. A minimum of 1 uncovered carparking space and 2 covered carparking spaces shall be
provided on site.
19. The carparking area shall be designed to comply with the provisions of AS 2890.1-1993
for user class 1.
Pathway Contributions
20. A pathway contribution of $68.00 towards external major pathways, in accordance with
Planning Scheme Policy PSP41 Coastal Major Pathway Contributions, shall be paid to
the Council prior to obtaining a Development Permit for Operational Works. This
amount will be subject to variations in the Price Index, All Groups Brisbane from June
2004 until the date of payment.
Stormwater Drainage
21. All stormwater drainage shall be collected on site and discharged to Council’s existing
drainage structures in Martin Street. In this regard, plans shall be prepared by a
Registered Professional Civil Engineer and submitted to Council prior to obtaining a
Development Permit for Operational Works.
Sewer Mains
22. The site shall be connected to Council’s existing sewerage reticulation systems and be
constructed in accordance with Council’s standards and requirements at no cost to
Council.
Town Water Supply
23. The site shall be connected to Council’s existing town water supply and be constructed
in accordance with Council’s standards and requirements at no cost to Council.
Service Easements
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24. A registered easement shall be created over the existing sewer main that crosses the site.
The easements shall generally be parallel to and centred over the sewer main and be
equivalent in width to twice the depth to invert level of the sewer at the deepest point
within the allotment (measured from the finished surface) and be no less than 3.0 metres
wide.
In this regard, plans submitted for Operational Works approval shall accurately show
the location of the easement.
In addition to this the Applicant’s Solicitor shall give Council’s Solicitor an appropriate
undertaking in writing that the Title Deed and the easement documents will be lodged at
the Land Titles Office and any additional Titles Office forms or requisitions requiring
the consent of Council will be attended to promptly.
A duly executed copy of the easement shall be submitted to Council for perusal prior to
the use commencing.
Any changes required by Council’s Solicitor must be corrected immediately.
25. No building or other structure shall be constructed or encroach over an easement. Any
building or structure within proximity of an easement or any other public utility’s
underground must have its foundations designed so that no surcharge loads are
imposed upon such underground infrastructure. Foundations must be taken down a
minimum of 1 metre below a line of influence measured 1 metre in the direction of the
foundation from the centreline of the closest underground service and along the natural
angle of repose of the foundation soil type(s).
Plans, and supportive documents, detailing these proposed foundations shall be
designed by a registered practicing Geotechnical Engineer and submitted with the
application for a Development Permit for Operational Works.
Headworks
26. Contributions shall be paid to Council in accordance with Planning Scheme Policies
PSP28 and PSP30 on Water Supply Headworks Contributions and Sewerage
Headworks Contributions respectively and at the rates applicable at the time of
payment. An estimate only of the contribution rates as of June 2004 under the current
policies is as follows:
Water Supply $1,097
Sewerage $1,271
TOTAL $2,368
All headworks contributions must be paid prior to the issue of a Development Permit
for Operational Works.
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Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should
the headworks contributions not be paid at the due time, Council shall call upon the
trading bank guarantee in full.
In the event that the Development Permit for Material Change of Use of Premises lapses
or is cancelled, the contribution or trading bank guarantee will be returned.
Erosion and Sediment Control
27. Any person acting on this permit shall prevent erosion and sediment export from
leaving the site. Site control measures such as silt fencing, controlled gravel access to
the site and controlled disposal of waste, will be necessary.
28. In this regard plans detailing the methods of controlling erosion and sediment are
required to be submitted to the Council for approval prior to obtaining a Development
Permit for Operational Works.
General
29. Any damage caused to any public utility during the course of construction shall be
repaired to Council’s standards and at no cost to Council.
30. Any alteration of any public utility or other facilities necessitated by the development of
the land or associated construction works external to the site shall be at no cost to
Council.
31. The transportation of all materials to and from the site shall be undertaken in a manner
such that no particle matter escapes onto a public road. All vehicles carrying materials
either to or from the site shall be covered to prevent materials including dust being
windblown from the vehicle.
Building Services
32. A contour survey of the subject site is to be carried out by a Licensed Surveyor and is to
be submitted to Council at the time of application for building approval. Such survey
shall set out the natural surface levels of the site and the position of buildings on the
site.
33. A verification survey of the building is to be carried out by a Licensed Surveyor and a
certificate lodged with Council at completion of the work confirming compliance with
the maximum building height above natural surface, required by the provisions of the
Planning Scheme.
Environmental Health
34. The developer must provide a suitably screened imperviously paved area large enough
for all refuse and recycling containers.
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35. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
located in a manner which prevents a noise nuisance beyond the subject land in
accordance with the nuisance provisions of the Environmental Protection Regulation
1998. On the spot fines apply for such offences.
36. Noise emission from air conditioning equipment shall comply with the following
requirements:
36.1. The equipment shall be installed and located in a manner which prevents noise nuisance
beyond the subject land in accordance with the nuisance provisions of the
Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control
of Nuisances. Infringement Notices (on-the-spot fines) may apply for offences.
36.2. Submission of written certification from a suitably qualified person confirming that the
noise levels comply when measured at the nearest residential boundary. This is
required immediately after installation of the equipment and prior to any occupation of
the building, and in a format approved by Council.
36.3. A person must not use equipment on any day if it makes or causes noise to be made –
36.3.1. Before 7am or after 10pm: More than the lower of either –
40 d(B)A
3 d(B)A above the background noise level
36.3.2. From 7am to 7pm: More than the lower of either –
50 d(B)A
5 d(B)A above the background noise level
36.3.3. From 7pm to 10pm: More than 3 d(B)A above the background noise level.
Further Development Permits Required:-
1. Prior to the commencement of development, the following Development Permits must
be obtained:-
1.1. Development Permit for building works;
1.2. Development Permit for Operational Works of Landscaping and Stormwater
Drainage.
Advice
1. The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder
from making noise from:-
1.1. Monday to Saturday, before 7:00am or after 6:30pm
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1.2. Sunday or public holiday, at any time.
A maximum penalty of $1,500 applies to an offence under these provisions
2. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt,
mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter
or be placed where it could reasonably be expected to move into a roadside gutter,
stormwater drain or a water course. On the spot fines apply for such offences.
3. A Registered Professional Engineer of Queensland shall certify engineering drawings
and specifications for all engineering works, which shall be submitted in conjunction
with an application for a Development Permit for Operational Works.
4. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991
Act if the cost of operational works exceeds $80,000, then a portable long service levy
is required to be paid. In accordance with Section 77.(1) of the Act, Council is required
to sight the approved form issued by the Building and Construction Industry (Portable
Long Service Leave) Authority that confirms that the requirements of the Act have been
satisfied. A statutory declaration outlining the cost of the operational works must be
submitted to Council with the lodgement of any application for operational works over
the site.
Roadworks Contributions
5. Approval of this development application has triggered an Infrastructure Charge in
accordance with the Coastal Major Road Network Infrastructure Charges Plan for the
amount of $531.00 and is subject to variations in the Price Index, All Groups Brisbane
from June 2004 until the date of payment.
An Infrastructure Charge Notice is attached in accordance with Chapter 5 of the
Integrated Planning Act 1997.
6. Payment via credit card transaction will not be an acceptable method of payment for
development contributions conditioned in this permit or for infrastructure charge notices
issued separately.
7. For the following classes of work associated with development, a Development Permit
for Operational Works must be obtained prior to commencement of works relating to
that class of work. The application may combine any or all of these classes of work:-
7.1. Stormwater Drainage.
7.2. Landscaping.
Concurrence Agency Conditions Environmental Protection Agency
1. Prior to the commencement of any excavation, earthworks or other soil disturbance
associated with the proposed development of the subject lot/s (the site), that part of the
site to be so worked is to be subjected to investigation and any necessary remediation of
UXO contamination.
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2. Any person employed to work on any part of the site that has not been cleared through
the satisfying of Condition 1, is to be forewarned in writing by the applicant. This
warning is to explain that information available to the EPA indicates a risk of residual
UXO contamination exists on the site and work, particularly that involving excavation,
earthworks or other soil disturbance, should proceed with due caution. It is to state the
procedure to be followed by any person finding an object suspected of being explosive
ordinance or component thereof:
Do not disturb the object.
Take action, where appropriate, to prevent it being disturbed by another person.
Note is approximate dimensions and general appearance.
Safely and clearly mark its location.
Note the route to its location.
Advise the Police as soon as possible.
3. Following the investigation and any remediation conducted under Condition 1 above,
the applicant is to submit a report, prepared in accordance with current guidelines, to the
EPA for assessment. The EPA is to subsequently advise the Noosa Council or its
assessment in regard to Condition 1 being satisfied.
4. No gravel, rock, sand or soil is to be removed from the site without the written approval
of the EPA.
5. The applicant is to advise, if not the owner of the site, the owner, and any occupier of
the site of the above responsibilities.
(Index Application: 04/4029 - Customer: Stephen & Angela McCabe (PO-5))
Directorates/Sections Consulted:
Business Corporate Services X 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 X Environmental Health X 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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Proposed Site Plan
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Ground Floor Plan
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Upper Floor Plan
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Roof Plan
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South & East Elevations
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North & West Elevations
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Vegetation Plan
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Existing Development
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