Council archive · source document
planning report 66 seaview · MCU21/0212
Development Application
Planning Report
Development Permit for Material change of Use
situated at 66 Seaview Tce, Sunshine Beach
described as Lot 69 RP81810
Page 1 of 14
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 13 pages
Page 2
Contents
1.0 Summary ......................................................................................................................... 3
1.1 Development application details ............................................................................................. 3
1.2 Planning instrument details ..................................................................................................... 3
2.0 Site details ....................................................................................................................... 4
2.1 Site description ....................................................................................................................... 4
2.2 Surrounding land uses ............................................................................................................. 5
3.0 Proposed development details ......................................................................................... 5
4.0 Planning assessment ........................................................................................................ 6
4.1 Coastal Protection and Scenic Amenity Overlay Code ............................................................... 6
4.2 Low Density Residential Zone Code and Low Density Housing Code .......................................... 8
4.2.1 Height ........................................................................................................................................ 9
4.2.2 Setbacks ................................................................................................................................... 11
4.2.3 Roof terrace ............................................................................................................................. 12
4.3 Stormwater, Earthworks and Geotechnical Reporting ............................................................ 12
5.0 State assessment and other matters .............................................................................. 13
5.1 State interests ....................................................................................................................... 13
5.1.1 Matters established in the Planning Regulation ............................................................................ 13
5.1.2 State Planning Policy ...................................................................................................................... 13
6.0 Conclusion ..................................................................................................................... 14
Client Name: G & C Deane
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA
Version: 1
Date: 2 December 2021
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
Page 2 of 14
Page 3
1.0 Summary
1.1 Development application details
Proposed development: Material Change of Use
Site address: 66 Seaview Tce, Sunshine Beach
Real property description: Lot 69 on RP81810
Site area: 576m2
Owner details: G & C Deane
Applicant details: G & C Deane c/ Pivotal Perspective pty ltd
1.2 Planning instrument details
State planning policy: Erosion Prone Area, Coastal Management District
Regional plan: SEQ Regional Plan 2017
Designation: Urban Footprint
Planning scheme: The Noosa Plan 2020
Zone: Low Density Residential zone
Level of assessment: Code – Table 5.9.4 – MCU
Applicable overlays: Coastal Protection and Scenic Amenity Overlay.
Landslide Hazards Overlay (Moderate Hazard Area)
Applicable codes: Coastal Protection and Scenic Amenity Overlay Code
Low Density Residential Zone Code
Low Density Housing Code
Referrals: Not applicable for MCU
Building Works – Coastal Building Line Sch 3 , Part 3, Div 1,
Tab 1, Col 2
Page 3 of 14
Page 4
2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Vacant
Frontage and access 22.1m to Seaview Tce
Topography and views The site falls downhill towards the seaward boundary and to the southeast
corner at a gradient of approximately 21%. The site has expansive views
over Sunshine Beach.
Vegetation Some coastal vegetation exists onsite.
Easements Nil
Figure 1 - Site identification
Page 4 of 14
Page 5
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Beach pedestrian access No. 26 and then the larger split zoned lots 68 -72
Seaview Terrace.
South 64 Seaview Tce – existing detached house
West Across Seaview Terrace are detached houses typical of the beachside location.
East Vegetated coastal dune and the beach
3.0 Proposed development details
The proposed 4-bedroom dwelling house will gain access from Seaview Terrace, with the building
orientated to the east overlooking Sunshine Beach. Materials include a mix of off form concrete,
vertical and horizontal timber, glazing and natural stone cladding. A copy of the proposed plans are
included with the application.
The proposed dwelling house is subject to code assessment in accordance with Table 5.9.4 of the
Noosa Plan 2020 as the site is affected by the Coastal Protection and Scenic Amenity Overlay. An
assessment against the Coastal Protection and Scenic amenity Overlay code is provided in Table 3.
The proposal is compliant with the relevant codes, with assessment against the Performance
Outcomes for building height in storeys, setbacks (north and east and west) and roof terrace
provided against the Low-Density Residential Zone Code.
In addition, a Coastal Hazards Assessment (CHA) has been undertaken which assesses the risk of
short-term erosion, long term erosion and recession including provisions for climate change SLR.
The site-specific assessment results in the development being outside the zone of erosion based on
an extreme storm event consisting of a 500-year ARI storm tide level, climate change SLR and a
100-year ARI significant wave height.
Page 5 of 14
Page 6
4.0 Planning assessment
4.1 Coastal Protection and Scenic Amenity Overlay Code
An assessment against the relevant provisions is provided below.
Table 3: Assessment against key development parameters of the Coastal Protection and
Scenic Amenity Overlay Code within The Noosa Plan 2020:
8.2.4 Coastal Protection and Scenic Amenity Overlay Code
Provision Code Provision Proposal Comply
PO1 - PO1 A CHA prepared by Royal HaskoningDHV Y
Development Development allows for natural fluctuations of has been provided. The report concludes
in Coastal the coast and foreshores to occur, including the building is outside the erosion prone
Erosion
allowance of climate change. area for short term erosion and therefore,
Areas
the proposal will not impede natural
Editor's note—Coastal erosion areas are processes and allows for the natural
identified on Council's online mapping for the fluctuations of the coast and foreshore
years 2040, 2070 and 2100. area including for climate change SLR.
Noting the proposal is setback to the
Coastal Building line with a deck and
bedroom cantilevered 3m seaward
allowing for coastal processes to occur.
PO2 - PO2 The proposal will not affect the foreshore Y
Protection of Development is located, designed and dune. The proposal is outside the site-
dunes and constructed to: specific determined erosion prone zone
coastal
which minimises and mitigates the risk to
creeks
(a) maintain dune crest heights and the development. The applicant could
minimise and mitigate the risk to provide a 5m wide landscaped garden
development from wave overtopping along the seaward boundary to
and storm tide inundation; and complement and enhance the natural
(b) maintain or enhance coastal barrier to erosion and slope stability.
ecosystems and natural features such
as coastal creeks and marine plants
including mangroves, salt marshes
and coastal wetlands, to assist in
protecting and buffering communities
and infrastructure from sea-level rise
and coastal inundation impacts.
PO3 – Coastal PO3 The proposal is setback 7.5m to the outer PO
Building Where a coastal building line exists on a lot, all most projection and 10.5m to the main
Lines building wall and foundations.
buildings, structures and retaining walls do not
extend seaward of the coastal building line for
the site, other than— While the 3m wide cantilevered area is
covered, the lot is highly constrained by a
(a) uncovered and unenclosed 10.5m Coastal Building Line leaving
cantilevered balconies that do not approximately a 159m² building envelope
extend greater than 3 metres after setbacks.
seaward of the coastal building line; Furthermore, the roofed area does not
and affect the purpose of the cantilevering
(b) are setback a minimum of 6 metres provision as the floor is more than 3m
above NGL to allow for coastal processes
from the seaward boundary
to occur. The Coastal building line is
(see Figure 8.2.4.4).
further assessed in section 5.1.2.1 of this
report and in the CHA.
Page 6 of 14
Page 7
PO5 – Visual
and Scenic AO5 A condition can be imposed Y
Amenity A mix of native landscaping, such as ground
covers, shrubs and trees, is provided for a
width of 5 metres from the seaward or rear
boundary of the site to provide adequate
landscape buffering to protect the coastal dune
system.
PO6 – Visual AO6.1
and Scenic Rear fences adjacent to the beachfront within A condition can be imposed Y
Amenity the Coastal Protection Area incorporate the
following—
(a) height of no more than 1.2 metres;
and
(b) open construction (ie at least 50%
transparent);
(c) lightweight materials (eg. timber); and
(d) dark colours to blend with the natural
landscape.
(e)
AO6.2
Gates are not installed in fences as direct
access to the beachfront does not occur.
AO6.3
Only beach access points for use by the
community are constructed.
Page 7 of 14
Page 8
4.2 Low Density Residential Zone Code and Low Density
Housing Code
The following Table outlines the key development parameters for the development in relation to the
Low Density Residential Zone Code and the Low Density Housing Code.
Criteria Planning Scheme Proposal Complies
Site area – 576m²
Building height
• storeys 2 storeys max 3 storeys PO assessment
• metres 8 metres 8m Y
Site cover 50% - ground floor 39.95% (birds eye) Y
30% - upper floor
40% (birds eye)
Boundary setbacks
6m min. Lower ground - 2m PO assessment
• Frontage Ground floor – 2m
Upper floor Level 1 – 3.15m
Chimney – 2.27m
Lower ground – 1.5m 3.62m Y
• Side (north) Ground floor – 1.5/2m 3.62m building, 1.2m pool Y & PO assessment
Upper floor – 2m/2.5 3.62m Y
Lower floor – 1.5m 2m Y
• Side (southern) Ground – 1.5/2m 2m building, stairs 0.9m PO assessment
Upper floor – 2m 8.5m Y
3m ground floor 7.5m Y
• Rear 6m upper floor
Roof Form
Acceptable Outcome Roof terrace PO assessment
• Roof terrace 16.3 – No roof terrace
Soft Landscaping 20% min (115m²) 38.2% Y
220m²
Carparking 2 covered min 2 covered Y
As indicated in the Table above, the proposal generally complies with Acceptable Outcomes with a
Performance Outcome assessment required for building height in storeys, setbacks and roof terrace.
Page 8 of 14
Page 9
4.2.1 Height
The proposal is 3 storeys to a centrally located portion of the building. Figure 2 below shows the 3
storey area shaded in red.
Figure 2 - Red shaded area shows the extent of the 3 storey portion of the proposal.
This variation is therefore assessed against PO7 of the Low Density Residential Zone Code provided
below for reference.
PO7
Buildings and structures:
(a) are low rise and present a building height consistent with structures on adjoining and surrounding
premises and with the predominant character of the area;
(b) are designed to provide an interesting streetscape and complement landform changes;
(c) do not visually dominate the street or surrounding area;
(d) respect the scale of surrounding vegetation and maintain a vegetated skyline;
(e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties; and
(f) do not exceed two storeys.
Page 9 of 14
Page 10
It is considered the proposal complies with PO7 for the following reasons:
• The proposal is low rise being consistent with other buildings in the street as it does not exceed
8m above NGL;
• Does not present bulky to nearby or surrounding properties as the 3 storey portion is centrally
located and the elevations all present 2 storeys;
• The lot is constrained by the Coastal building line setback resulting in requiring an upper storey
to achieve a reasonably sized dwelling sufficient for this location;
• The design steps down the slope with a large void area to the north west corner providing
articulation to the built form. In addition, a mix of material are proposed which provides a light
weight look and feel while being robust to the coastal elements;
• The proposal will clearly present as 2 storeys from the beach and the adjoining walkway and
neighbouring properties as the upper level has good setbacks being 6.62m from the northern
boundary, 10.5m from the southern boundary and 6.3m from the Seaview terrace boundary as
clearly demonstrated in Figures 3 and 4 below;
• No additional shading of the neighbouring properties will occur as it is centrally located within the
lot;
• Will not impede views given the 3 storey component is well below the allowable 8m above NGL.
Figure 3 - South and beach elevations
Page 10 of 14
Page 11
Figure 4 - Street and beach access elevation. Noting only a portion of the upper level is 3 storeys with the chimney and front façade
being 2 storeys
4.2.2 Setbacks
The proposal seeks a front setback of 2m to the ground floor and 3m to the upper level. The variation
is sought as the small lot (576m²) is constrained by the 10.5m Coastal building line setback to the
seaward boundary. After removing all boundary setbacks, this results in a building envelope of just
159m². As a result, the designer has pushed the building up hill towards the street to ensure sufficient
setback to the rear boundary.
A minor variation is required for the swimming pool (1.2m setback rather than 1.5m setback) and a
set of stairs to the southern side of the dwelling. Both of these setbacks are considered minor and
allow sufficient space for dense landscaping to be achieved.
The proposal is assessed against PO9 of the Low Density Residential Zone Code which is provided
below.
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 and access to sunlight;
(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 and outdoor living;
(f) be consistent with the predominant character of the streetscape; and
(g) protect the natural character and avoid adverse impacts on ecologically important areas such as
national parks, waterways and wetlands.
It is considered the street setback complies with PO9 for the following reasons.
Page 11 of 14
Page 12
• Many developments on the seaward side of Seaview Terrace have a reduced setback consistent
with that proposed.
• Noise will not emanate from the site given the building materials mitigate this aspect.
• Shading of the neighbouring properties will not occur given the development is significantly less
than 8m above the NGL near the front boundary.
• The adjoining property to the souths aspect is to the east (views of the beach and ocean) and
has minimal openings facing the subject site.
• Does not present as a bulky development to the street and is less than 8m above the NGL.
• Retains and does not impact on ecological important areas.
• Given the Coastal building line and the small lot size, the siting variation is warranted.
4.2.3 Roof terrace
The proposal seeks a terrace accessed from the upper level which under councils’ interpretation is
considered a roof terrace and therefore assessed against PO16 of the Low Density Residential Zone
Code which is provided below.
PO16
Roof designs:
(a) contribute positively to the character of the streetscape;
(b) incorporate eaves and roof overhangs;
(c) avoid boxy elevations on the front facade of the building;
(d) do not present an appearance of excessive bulk to the street or neighbouring properties;
(e) do not create opportunities for residents or building users to overlook the private open
space or view into habitable windows or doors of neighbouring properties.
The proposal complies with PO16 for the following reasons:
• Only a small area of roof is proposed and will not be readily seen from the surrounding area
given the topography. The roof terrace provides an open usable area where raised planters
and potted plants will contribute positively to the streetscape;
• The roof terrace is significantly setback from the southern neighbour and as such will not
overlook or cause any privacy issues;
• The dwelling is designed to overlook the beach and dune area rather than neighboring
properties.
4.3 Stormwater, Earthworks and Geotechnical Reporting
Stormwater can be managed as to not cause erosion and will be design by an RPEQ. A site-specific
geotechnical report is provided addressing slope stability and soil type is provided as approximately
3.5m of cut is proposed to a small area.
Page 12 of 14
Page 13
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part.
5.1.2.1 Coastal building line
The site is affected by a Coastal Building Line and in a Coastal Management District. An assessment
against State Development Assessment Provisions State (SDAP) Code 8 is applicable and provided
below and contained within the Coastal hazards Assessment, prepared by Royal HaskoningDHV
provided as part of the documentation.
Performance Outcome PO6 of SDAP State Code 8 states -
“In areas where a coastal building line is present, building work is located landward of the coastal
building line unless coastal protection work has been constructed to protect the development”.
While the main building and foundations comply with the Coastal building line, 3m of deck and
bedroom cantilevers towards the seaward boundary. The Royal HaskoningDHV assessments
concludes the proposed design is outside the short term erosion and recession zone based on an
extreme storm event consisting of a 500-year ARI storm tide level, climate change SLR and a 100-
year ARI significant wave height.
The proposal has considered the erosion vulnerability and is considered to comply with Performance
Outcome PO6 of SDAP State Code 8 as it achieves the protection required for the building from the
extreme storm events.
Page 13 of 14
Page 14
6.0 Conclusion
This application seeks a Development Permit for Building Works Assessable Against the Planning
Scheme (Building Height, setbacks and roof terrace) situated at 66 Seaview Terrace, Sunshine
Beach. The proposed development is code assessable and meets the relevant Acceptable and
Performance Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development complies with all Acceptable and Performance Outcomes of
the applicable codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.
Page 14 of 14
Used in these records
planning report 66 seaview.pdfRelated documentApplication case desk ↗
About this file
- File size
- 1.5 MB (small file)
- File type
No other editions are linked here.