Delegated Report MCU18/0001

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0001
Applicant	Coastal Building Certifications Pty Ltd
Proposal	Material Change of Use - Detached House
Properly Made Date	13 March 2018
Information Request Date	22 March 2018
Information Response Date	30 July 2018
Decision Due Date	26 November 2018
Report Completed Date	20 November 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	8 Stevens St Sunshine Beach Qld 4567
RP Description	Lot 696 SP 279875
Land Area	506 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Semi Attached Housing
Overlays	Natural Resource Overlay – Coastal Protection Natural Hazard Overlay – Slide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House that is to be located in the Coastal Protection Area as identified in Noosa Plan. The dwelling has part of the dwelling which is over 1 metre above finished ground level and thus constitutes a third storey (rear of dwelling). The applicant is also seeking a relaxation from the rear boundary and side boundaries.  Refer to the below screenshots showing the subject site and proposed dwelling.

Subject site

Streetview along northern boundary

Streetview along southern boundary

Eastern boundary

Pool area
site details
Background
This site was created from a subdivision that was approved by Council in 2014.
Site Description
The site is vacant and fronts Stevens Street. Access is gained from a shared easement that services 3 other lots.
Surrounding Land Uses
The site is surrounded by detached dwellings and units are located to the west.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Detached House Code
Natural Hazard Overlay Code – Coastal Protection
The subject site is located in the Eastern Beaches Locality and is zoned Semi-attached. The proposed use is defined as a consistent use with the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site cover	40/40% or 50%/30%	41.6% ground 33.3% upper floor	
Landscaped open space Soft landscaping Landscaping Setbacks	20% of site	17%	The site is devoid of vegetation. The development will be conditioned to comply
Building height storeys metres	2 storeys max 8 metres	3 (part) storeys 8 metres	X
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5-2-2.5m 1.5-2- 2.5m 6 metres	6 metres 1.5-2 metres 1.5-2 metres 0 metres for garage 5.2 metre to upper floor balcony	lower x upper lower x upper X
Length of wall	15 metres max	15 metres (with articulation)	
Carparking	1 min	3	
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering – Development Assessment

Three storeys
The proposed dwelling constitutes 3 storeys through a minor portion where the proposed basement ceiling height projects greater than 1.0m relative to natural ground; as per the basement definition under The Noosa Plan. The 3 storey portion of the dwelling is depicted in Figure 1 indicating that portion of the building constituting the third storey as per the planning scheme definition.

Figure 1 – Third storey component
While a portion of the proposed dwelling constitutes 3 storeys, the proposed development aligns with the intent of Specific outcome O10 of the Detached House code for reasons including but not necessarily limited to:
The third storey component is not viewable from the street and is at the lowest part of the site;
The building responds to the site by stepping down the slope;
The extent of where the basement constitutes a storey is acceptable and unlikely to adversely impact the amenity of the surrounding lots;
Where the basement constitutes a storey it largely aligns with the built to boundary garage of the lot to the east and is somewhat screened by the existing block boundary wall along the common boundary with the northern lot.
Setbacks
Side
Probable Solution S1.1 of the Detached House Code seeks a minimum side boundary setback of 1.5 m for up to 4.5 metres and 2.5m for a vertical building height of 7.5m – 8.0m (relative to natural and/or finished ground level). The code nominates the minimum side boundary setback to ensure buildings and other structures are appropriately designed and sited to provide amenity for users of the premises as well as preserve the visual and acoustic privacy of adjoining and nearby uses.
The application proposes side boundary setbacks compliant with the code, aside from a minimum setback of 2.5m where the dwelling exceeds 7.5m in height. Instead, a 2.0m setback is proposed.
Rear
The garage is located on the rear and northern boundary. The garage wall is 2.465-2.6 metres high from natural and finished ground level for a length of 7 metres on the northern boundary and 2.675 metres on the eastern (rear boundary) for 6 metres in length. On top of the garage is a deck area where balustrading has been setback 1.5 from both boundaries and this area densely landscaped to soften the built form to adjoining properties.  The setback of the balustrading will ensure there are no privacy concerns, particularly to the northern property.  The garage and deck area adjoins the eastern properties garage and the northern neighbour’s private open space.  The northern property has extensive mature vegetation that screens the pool area and generally prevents the garage wall from being visually intrusive. A condition will be placed on the approval to ensure the garage wall height is no greater than the approved plans indicate. The Sundeck on the upper level is now setback 5.2 from the rear boundary.  Previous plans indicated it would be setback from the rear boundary 2.7 metres.
Vehicle access
The site is accessed via a shared driveway and reciprocal easement rights. The original design required vehicles accessing the garaging at the lower level at the rear to utilise areas of the adjoining properties to the rear but the subject site has no legal rights to use these areas. Through a series of variations to the plans the applicant has now demonstrated that vehicles can enter and exit the site via the shared driveway within their within the easement areas. The applicant was asked to provide engineering certification that manoeuvrability on site and within the lawful easement area is in accordance with Australian standards. An appropriate condition has been placed on the approval to ensure this occurs.
Stormwater
The existing stormwater infrastructure on the site includes a bund, pipework and an infiltration system. The applicant submitted a “Stormwater Quantity Assessment” as part of the application. This assessment considers the existing infrastructure and the stormwater runoff from the proposed development. The assessment concluded that additional capacity was required to be provided in the infiltration system and that the bund and associated easement could be deleted. This will be conditioned accordingly.

conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU18/0001 for a Material Change of Use - Detached House situated at 8 Stevens St Sunshine Beach Qld 4567 and described as Lot 696 SP279875, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0001
Street address:	8 Stevens St Sunshine Beach Qld 4567
Real property description:	Lot 696 SP 279875
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Plan/Document Name	Date
C0.0	Site Plan, drawn by Chris Clout Design	13/11/18
C1.0	Lower Floor Plan, drawn by Chris Clout Design	13/11/18
C2.0	Ground Floor Plan, drawn by Chris Clout Design	13/11/18
C3.0	Upper Floor Plan, drawn by Chris Clout Design	13/11/18
C4.0	Elevations (East/West), drawn by Chris Clout Design	13/11/18
C5.0	Elevations (North/South) , drawn by Chris Clout Design	13/11/18
C6.0	Section (1 & 2), drawn by Chris Clout Design	13/11/18
Building Height
The maximum height of the development must not exceed 8 metres above the natural and finished ground surface.
The maximum height of the development must not exceed 2 storeys, except for that portion of the dwelling that extends eastward of the ‘line of 3 storeys’ shown on the Ground Floor Plan No. C2.0 (not including the ground floor deck).
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building 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. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be of soft landscaping.
Built form
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level or otherwise fully enclosed or screen such that they are not visible from the street frontages or adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvers, glass panelling or the like, expect where required to satisfy any privacy condition of this Decision Notice.
Privacy
To ensure privacy is protected between adjoining properties any windows or glazing that has the potential to overlook the private open space of neighbouring properties must either:
have a minimum window sill height or 1.5 metres above floor level
be fitted with translucent glazing
be fitted with a fixed external screen
To ensure privacy doors, windows, glazing or balconies that have the potential to overlook the private spaces of neighbouring properties must include either balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Site Access and Driveways
A sealed access driveway must be provided from the existing formation in the shared driveway to all parking and manoeuvring areas of the development.
All vehicle movements associated with entering and exiting the development must be undertaken wholly within the property or the associated access easements.
Vehicle manoeuvring must be in accordance Australian Standards and Engineering Certification dated 13 November 2018 as authored by Bax Engineering Pty Ltd.
Certification from a RPEQ that vehicle manoeuvring is in accordance with Condition 15 is required to be submitted to Council when construction is complete and prior to the Final Building Inspection Certification is issued.
Fencing and Walls
Any street fencing must be in accordance with the approved plans and the area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Setbacks
The balustrading on the deck shown on the Ground Floor Plan C2.0 on the northern and eastern boundary must be setback 1.5 metres from the edge of the structure (planter) and be densely landscaped (in accordance with the approved plans) to prevent overlooking opportunities into adjoining property.
The setback of the sundeck on the upper level plan must be setback a minimum of 5.2 metres from the rear boundary and be in accordance with the approved plans.
Garage
The garage wall height must not be any higher than indicated on Elevation Plans no. C4.0 and C5.0.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be undertaken generally in accordance with the “Stormwater Quantity Assessment” prepared by BAX Engineering reference 018-001 Clout Design dated 26 June 2018.
Easements
No part of the structure or roof line is to encroach on the access easement.  Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not encroach on the any access easement.
Emt B on SP279875 at the rear of the site must be deleted upon completion of works.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
A Geotechnical Engineer or similar qualified person* must assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development.
*(Refer to Advisory Note)
At the completion of the development certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Geotechnical Report for the development, and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
Earthworks carried out on site must not affect the stability of adjoining buildings and/or structures and/or land that border the development site.
All earthworks must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Unity Water
Any changes to Emt C on SP279875 will be at the discretion of Unitywater

Retention of Existing Trees
The existing trees on adjoining northern property must be retained and protected (in particular the Pandanus tree) during construction. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Building Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Private Certification
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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