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ASTP - MCU.pdf
Our ref: 241021
29 November 2024
The Chief Executive Officer
Sunshine Coast Council
Locked Bag 72
SCMC QLD 4560
Attention: Development Assessment
Via Email: [email protected]
Dear Sir/Madam,
Re: Development Permit for Material Change of Use and Concurrence Agency Response to
Establish a Dwelling House
18 Shearwater Street, Peregian Beach
Lot 424 on P93116
This request has been prepared to seek approval for a Material Change of Use and Concurrence Agency
Response to establish a Dwelling House at 18 Shearwater Street, Peregian Beach, legally described as Lot
424 on P93116. This report has been prepared by ADAMS + SPARKES Town Planning (hereafter; ‘ADAMS
+ SPARKES’) for and on behalf of the builder, Permabuild (refer Attachment 1).
The local government which applies to the subject site is the Noosa Council (hereafter ‘Council’). In
accordance with Schedule 8 of the Planning Regulation 2017, Council is the Assessment Manager of the
Development Application. The applicable planning scheme is the Noosa Plan 2020 (hereafter ‘the
Planning Scheme’). Under the Planning Scheme, the proposed land use is defined as a ‘Dwelling House’.
In accordance with Part 5 (Tables of Assessment – Table 5.9.4 Coastal Protection and Scenic Amenity
Overlay) of the Planning Scheme, a Dwelling House within the Low Density Residential Zone is ‘Accepted
Development’, where not within the Coastal Protection Area. Given the proposal is within the Coastal
Protection Area, the development application is subject to Code Assessment, with the assessment of this
application being limited to the Coastal Protection and Scenic Amenity Overlay Code.
In support of the application, please find enclosed the following:
• Attachment 1 - Title Search
• Attachment 2 - Design Plans prepared by DCM Building Design
This correspondence will describe the site, the works proposed and demonstrate compliance with the
Queensland Development Code (QDC) and Planning Scheme provisions, with respect to the proposal.
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1 Subject Site
The subject site is located at 18 Shearwater Street, Peregian Beach (Lot 424 on P93116). The site has an
area of 545m2 and a frontage of 18.1m to Shearwater Street. The site adjoins other dwelling houses on
the side boundaries and reserve to the rear. The existing dwelling will be demolished for the new
proposed dwelling. The site has a natural slope toward the rear of the property.
Subject Site
Figure 1 Subject Site and Surrounding Properties (QLD Globe 2024)
The locality has similar-sized lots, with a mix of residential dwellings, dual occupancies and multiple
dwellings in the broader area. The site is in proximity to some commercial businesses which are situated
along David Low Way.
Our Ref: 241021 Page 2 of 9
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2 Proposal
As demonstrated in the Dwelling House Design Plans prepared by DCM Building Design in Attachment 2,
a new two (2) storey, four (4) bedroom Dwelling House is proposed. The dwelling includes storage, pool
room, bedroom and outdoor space on the rear ground floor. An open-plan living design including the
living, kitchen, dining, bedroom, and outdoor balcony is provided on the ‘street level’ ground floor (level
1). The second storey contains two (2) bedrooms, a sitting room, and a roof terrace/roof garden. Whilst
the proposal includes three different levels, the proposal is two (2) storeys, with no part of design resulting
in there being three “storeys” stacked above or below one another.
The new house design is modern and will be constructed with quality materials. The combination of
different materials and natural colour palettes seamlessly complements the surrounding environment. As
detailed in Figure 2, the front views depict a well-thought-out and balanced design that avoids an
appearance of overdevelopment.
Figure 2 Streetscape Render (DCM Building Design, 2024)
As demonstrated in Figure 2 above, the site's frontage uses a mix of rendered wall components and
aluminium battens seamlessly integrating into the other external design elements and allowing the
entrance to be easily identifiable. The dwelling proposes a two-car garage with a single garage door, which
blends and displays as a part of the dwelling. The design and siting of the proposed Dwelling will result in
the following relevant built form parameters (refer to Table 1).
Table 1 Compliance with the Planning Scheme and QDC Provisions
Development Particular Required Proposed AO Compliance
Site cover (QDC provision) Maximum 50% & 30% 50% Ground Floor & Complies
19% Level 2
Building Height 8 metres/2 storeys < 8 metres/2 storeys Complies
Maximum Bedrooms Max. 5 bedrooms 4 bedrooms Complies
Landscaping 20% Soft Landscaping 49% Complies
Front setback (Planning Scheme - 6 metres 4.5 metres Non-complying
alternative provision to QDC)
Below 4.5m 1.5 metres 2 metres Complies
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Side Setbacks Between 4.5m-
(Planning Scheme – 7.5m 2 metres 2 metres Complies
alternative Greater than 2.5 metres 2.5 metres Complies
provision to QDC) 7.5m
Rear Setbacks (Planning Scheme – 6 metres 6 metres Complies
alternative provision to QDC)
Southern Side Built-to-Boundary Garage Max. Height 4.5m 4.5 metres Complies
(QDC provision) Mean Height 3.5m 3.5 metres Complies
Max. Length 9m 7.98 metres Complies
Garage Doors (Planning Scheme – Maximum 3 x Doors and 1 x Garage Door and Complies
alternative provision to QDC) 6.7 metre width Max. 6 metres
Driveway Width (Planning Scheme – Max. 6 metres & Max. 1 6 metres & 1 Pathway Complies
alternative provision to QDC) + Council Pathway
Standard Drawing (RS-049) Kerb Invert = Max. 4m 4.5m Non-Complying
W2 = Max. 3m 3.7m Non-Complying
Prop. Boundary = Max. 4.1m Complies
5m
Landslide Hazard Area Development is not Driveway is located in Non-complying
located on Landslide moderate hazard area
Hazard Area
3 Statutory Provisions
This section of the Town Planning Report describes the statutory planning framework applicable to the
proposed development application.
3.1 State Government Considerations
3.1.1 State Planning Policy
The State Planning Policy is identified as being predominantly reflected in the Planning Scheme, with the
exception of Bushfire Hazard Mapping, which reverts to the policy for assessment where applicable. It is
noted that the site is mapped by the SPP as being subject to Bushfire Hazard, as such the necessary
sections of the State Planning Policy have been addressed below. As demonstrated in Figure 4 below, the
Dwelling House will be positioned within the Potential Impact Buffer overlay extent.
Figure 3 SPP Bushfire Hazard Mapping (SPP 2017)
The proposed development complies with the relevant Assessment Benchmarks for ‘Natural Hazards, Risk
and Resilience’, specifically relating to Bushfire Hazard, through the development:
• Minimising potential impacts of Bushfire Hazard by not proposing new development within areas
of Medium, High or Very High Bushfire Hazard or seeking to build on a site that is heavily
vegetated (sparse exotic vegetation in garden beds evident only);
Our Ref: 241021 Page 4 of 9
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• Supporting disaster management response, by proposing the dwelling house on a site with direct
access to a formed road for evacuation purposes;
• Not directly or indirectly increasing the severity of known impacts, with the development not
resulting in increased risk to the site or surrounding properties, beyond that which is already
present;
• Not proposing to store hazardous materials onsite; and,
• Seeking to retain all natural/man-made processes and landforms that buffer the development
from bushfire hazard.
In addition to the above, it is noted that a Bushfire BAL rating will be determined at Building Certification
stage, with any and all necessary materials being intended to be used to mitigate bushfire risk where
deemed necessary.
3.1.2 Referral Agencies
The subject site is identified as being within the Coastal Protection Area and Water Resources. A review
of the State Assessment Referral Agency’s (SARA) DA mapping and Schedule 10 of the Planning Regulation
2017 confirms that the application will not require referral to SARA.
4 Local Government Planning Framework - Sunshine Coast Planning Scheme 2014
The subject site is located within the Low Density Residential Zone under the Planning Scheme. Table 2
below provides a breakdown of the planning scheme particulars that relate to the subject site.
Typically a Dwelling House in the Low Density Residential Zone is ‘Accepted Development’, where
complying with the applicable Acceptable Outcomes of the relevant codes. However, in this instance, the
proposed development is subject to Code Assessment due to its location in the Coastal Protection and
Scenic Amenity Overlay.
Further to the above, the proposal is also required to be referred to Council for assessment as a
Concurrency Agency for design and siting matters in accordance with Schedule 9, Part 3, Division 2 of the
Planning Regulation 2017. These design and siting matters are the non-compliances with the QDC
provisions identified in Table 1 above.
Given the above, the proposed development is to be assessed against the assessment benchmarks limited
to the subject matter of any relevant acceptable outcomes that are not complied with, the Coastal
Protection and Scenic Amenity Overlay Code and the Design and Siting matters identified in Table 1. We
have undertaken this assessment below.
Table 2 Planning Scheme Particulars
Planning Instrument Noosa Plan 2020
Zone Low Density Residential Zone
Overlays • Acid Sulfate Soils (Area 1 & 2)
• Bushfire Hazard (Potential Impact Buffer)
• Coastal Protection Overlay Map (Coastal Protection and Scenic
Amenity)
• Landslide Hazard Overlay (Moderate Hazard Area)
Our Ref: 241021 Page 5 of 9
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In accordance with Part 5 of the Noosa Plan 2020, the development is assessable against the following
codes:
• Low Density Residential Zone Code
• Low Density Housing Code
• Coastal Protection and Scenic Amenity Overlay Code
In accordance with the Planning Regulation, the development is also subject to Council’s concurrence
agency assessment of the non-compliances with the QDC Provisions identified in Table 1 above.
4.1 Low Density Residential Zone Code
The proposed dwelling house complies with most of the Acceptable Outcomes that are an alternative
Provision to the QDC in the Dwelling House Code. As reflected in Table 1 above, the proposed dwelling
does not comply with the required front setback. Justification against Performance Outcome PO9 has
been provided below.
4.1.1 Acceptable Outcome AO9.1 – Front Setbacks
The Low Density Residential Zone Code includes setback requirements alternative to the Queensland
Development Code (QDC). Acceptable Outcome AO9.1 requires the proposed dwelling house to be
setback 6.0m from the front boundary. The design includes a proposed feature planter which is setback
4.5m from the front boundary. As such, justification against Performance Outcome PO9 has been
provided below.
• The proposed dwelling provides a high level of amenity to users and adjoining residents. The site
and rear boundary setbacks are compliant and the new dwelling will not cause any negative
impacts on the adjoining residents.
• The proposed dwelling follows the natural slope of the land. This enables a stepped design of the
house without obstructing any views or overlooking private open space or habitable areas of
adjoining premises.
• The proposed dwelling will provide more than the required amount of landscaping with the
development proposing 49% of the site to be landscaped.
• The house has been designed to blend with the coastal streetscape. The colors, variations, and
landscaping play a significant role in this design.
• The subject site does not contain any ecologically important areas. However, there is a reserve
located at the rear of the property. The proposed dwelling is setback 6 metres from the rear
property line, ensuring that the integrity of the reserve remains intact.
Overall, the proposed feature planter provides a positive design outcome for the site and will have not
adverse impacts on neighbouring properties or the streetscape.
4.2 Low Density Housing Code
The proposed dwelling house complies with most of the Acceptable Outcomes that are alternative
provisions to the QDC. As reflected in Table 1 above, the proposed dwelling does not comply with AO8.1
(Driveway and crossover) and AO22.1 (Landslide Hazard Area). Justification against the corresponding
Performance Outcome PO8 and PO22 has been provided below.
4.2.1 Acceptable Outcome AO8.1 – Access Design
Acceptable Outcome AO8.1 of the Low Density Housing Code requires that driveways and crossovers be
designed according to the Council’s Standard Drawings. The proposed driveway design has a minor non-
compliance with RS-049, as the widths at the kerb and in the middle of the crossover exceed the preferred
maximum allowed by approximately 400 to 700 millimetres. However, since this is a minor exceedance,
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it can be confirmed that the design, management, and maintenance of the access still facilitates safe and convenient use for vehicles, pedestrians, and cyclists. Additionally, vehicles can navigate the area without making contact with the driveway or crossover surface, and stormwater disposal will not negatively impact the surrounding area. Therefore, the proposed development complies with Performance Outcome PO8. 4.2.2 Acceptable Outcome AO22.1 – Landslide Hazard Area The Acceptable Outcome in the Low Density Housing Code stipulates that development, including access, must not be situated on land designated as a landslide hazard area, as indicated on the overlay map. As illustrated in Figure 4 below, a small portion of the property's frontage falls within the Moderate Hazard Area. This area will accommodate the driveway for the proposed development. Given that this section is limited to a minor part of the property and pertains only to the driveway, we can confirm that the development will ensure the safety of people and property from landslide risks. Therefore, no further assessment is required. Figure 4 Landslide Hazard Area (Noosa Plan 2020) 4.3 Overlays The subject site is identified as being subject to a number of overlays. Table 5.9.4 of the Noosa Plan 2020 requires the proposed development to be assessed against the Coastal Protection and Scenic Amenity Overlay Code. Our Ref: 241021 Page 7 of 9
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4.3.1 Coastal Protection and Scenic Amenity Overlay Code The Noosa Plan 2020 requires that any Material Change of Use involving building works within the Coastal Protection Area must comply with the Coastal Protection and Scenic Amenity Overlay Code. Since there is no Coastal Building Line for this site, a setback of 6 metres from the rear seaward boundary is required for development. As illustrated in the Proposed Plans by DCM Building Design in Attachment 2 and in Table 1 above, the proposed dwelling successfully maintains the required 6-metre setback from the rear boundary. Additionally, the site adjoins a reserve at the rear, extending from the seaward boundary. This reserve features dense native vegetation that effectively screens the dwelling from views along the beach. The design of the dwelling incorporates light, natural colour tones for the upper floor, combined with landscaping that will further integrate the building with the surrounding vegetation and reserve. The rear fence complies with the requirements of the Coastal Protection and Scenic Amenity Overlay Code. It consists of a small aluminium batten fence alongside a glass pool fence, both of which are designed without gates. This design will seamlessly blend into the existing natural landscape behind the property. The dwelling has been specifically sited and designed to protect both people and property from coastal hazards, thereby eliminating the need for additional coastal protection measures. Consequently, the proposed development fully complies with the Coastal Protection and Scenic Amenity Overlay Code.
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5 Conclusion
This Town Planning Report has been prepared on behalf of Permabuild and demonstrates that approval
of the proposed Development Permit for a Material Change of Use and Concurrence Agency Response to
establish a Dwelling House at 18 Shearwater Street, Peregian Beach, is warranted, subject to reasonable
and relevant conditions on the following basis:
• The proposed Dwelling House is a consistent use within the Low Density Residential Zone and
local area;
• The development complies with all of the relevant Assessment Benchmarks of the Low Density
Residential Zone Code, Low Density Housing Code, relevant Overlay Codes and the Queensland
Development Code; and,
• The proposed development provides a high-quality architectural built form and streetscape
appearance that is consistent with surrounding development and will not negatively impact upon
the amenity of adjoining residents.
On the basis of the assessment contained within this report, it is requested that Council favourably
consider the development proposal subject to reasonable and relevant conditions.
ADAMS + SPARKES
TO WN P L ANN ING
Pete Sparkes Max Shadforth
DIRECTOR TOWN PLANNER
Our Ref: 241021 Page 9 of 9