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planning report 66 seaview · MCU21/0212

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      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
Full 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

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