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planning report Werin St
Development Application
Planning Report
Material Change of Use for Dual Occupancy, associated
Operational Works and Reconfiguring a Lot (Community
Title - 1 lot into 2 lots and easement)
situated at 19 Werin St, Tewantin
described as Lot 1 RP88534
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 7
4.1 Technical Compliance .................................................................................................................7
4.2 Setbacks .....................................................................................................................................8
4.3 Sustainable Building Design Code ...............................................................................................9
4.4 Works Codes – Operational Works ........................................................................................... 10
4.6 Reconfiguring a Lot Code .......................................................................................................... 11
5.0 State assessment and other matters ................................................................................ 12
5.1 State interests .......................................................................................................................... 12
5.1.1 Matters established in the Planning Regulation ............................................................................ 12
5.1.2 State Planning Policy ...................................................................................................................... 12
6.0 Conclusion ....................................................................................................................... 12
Client Name: Three F Pty Ltd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 1
Date: 12 October 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.
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1.0 Summary
1.1 Development application details
Proposed development: Dual Occupancy, associated Operational Works and
Reconfiguring a Lot (1 lot into 3 lots)
Type of approval sought: Development Permit for Material Change of Use
Development Permit for Operational Works
Development Permit for Reconfiguring a Lot (Community
Title - 1 lot into 2 Lots and easement)
Site address: 19 Werin St, Tewantin
Real property description: Lot 1 RP88534
Site area: 677m2
Assessment manager: Noosa Council
Owner details: Three F Pty Ltd
Applicant details: Three F Pty Ltd c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy 2017
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014), urban footprint designation.
Planning scheme: The Noosa Plan 2020
Zone: Medium Density Residential zone
Level of assessment: Code
Applicable overlays: Acid Sulfate Soils (above 5m to 20m AHD)
Applicable codes: Tewantin Local Plan Code
Medium Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Code
Works codes
Reconfiguring a Lot Code
1.3 Referral agencies
Nil
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Page 4
2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use An existing dwelling house is located to the front of the lot which is proposed
to be renovated and incorporated as 1 dwelling of the proposed Dual
Occupancy use.
Frontage and Approximately 16.7m of frontage is to Werin Street. Werin street is classed as
access a local road in the Noosa Shire Road hierarchy.
Topography and The site is generally level with a slight slope to the north east corner of the lot.
views
Existing vegetation No significant vegetation is located onsite.
Figure 1 - Aerial view and site identification. Source: DA Mapping
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Dwelling House
South Dwelling House
West Tewantin State School
East Currently a dwelling house, however, a live application is under assessment for
8 multiple dwellings at 25-27 Toolar St.
Figure 2 - Zone Map. Source DA mapping
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3.0 Proposed development details
Table 3: Summary of development aspects
Material change of use
Building height 7m
Plot ratio Existing – 105.3m²
New - 153m²
Total = 258.3m² (0.381:1%)
Site coverage Existing – 130m²
New – 141m²
Total = 271m² (40%)
Car parking 3 spaces
Site access Werin Street
The application proposes a 2 x 3 bedroom Dual Occupancy, with the following features:
- Reuse of the existing dwelling house;
- No garaging facing the street or near the Werin Street frontage;
Unit 1 (existing dwelling)
- One level with 3 bedrooms living and dining with a sperate store room and laundry;
- Private open space with a north and westerly aspect;
- Single covered carport
Unit 2 (new dwelling)
- 2 storey design;
- Private open space facing north;
- Garage, living, dining and laundry on the ground level; and
- 3 bedrooms and 1 bathroom, master with ensuite and a small hallway study on the upper
level;
A copy of the proposed site plan is included below.
Figure 2 - Proposed Site Plan
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4.0 Planning assessment
4.1 Technical Compliance
The proposed multiple dwellings meet the relevant key technical provisions of the Medium Density
Residential Zone Code and Dual Occupancy and Multiple Dwellings Code, as described below, with
further discussion provided against the relevant Performance Solution thereafter.
Table 4 - Technical Compliance Table
Criteria The Noosa Plan 2020 Proposal Compliance
Site Details 677m²
Height 8m and 2 storeys 7m and 2 storeys Y
Site Cover 40%(271m²) 40% (271m²) Y
GFA 0.4:1 (271m2) 0.381:1 (258m2) Y
Private Open Space Ground Level (25m2) >25m2 Y
Setbacks Frontage (6m) 6m Y
Unit 1 Side
(Existing dwelling) North (1.5m) 1.7m wall, Y
1.2m eave Y
South (1.5m) 4.2m Y
This dwelling exists and complies with the setbacks at the time of construction. There is no
additional impact of the existing setbacks on the neighbouring properties as a result of this
dwelling being incorporated as a part of a Dual occupancy. No further assessment is required.
Setbacks Side
Unit 2 North ground (1.5m) 2.2m wall Y
(New dwelling)
North upper (2m) 2.2m wall Y
1.6m eave PO
South ground (1.5m) 0m garage PO
3.2m Y
South upper (2m) 2m Y
Rear
(6m) 5.45m PO
Roof Form Eaves to 75% of the perimeter of 89% Y
the building
Minimum 5 degree roof pitch >5 degrees Y
Wall length 15m 8.5m Y
Landscaping 40% landscaping; and 271m2 (40%); and Y
60% of this to be soft landscaping soft 190m2 (70%) Y
Carparking and 2 covered and 1 additional 3 covered spaces Y
access Reverse onto Local Road Reverse onto Werin Street Y
permitted (Local Road)
Earthworks Cut or fill less than 1.5m 1.5m along NW elevation Y
Waste Storage Screened by landscaping Separate bin storage screened by Y
landscaping
Fencing Setback an avg of 1m and Fencing setback an avg 1m with large Condition
articulated by stepping the design. trees along Grant St. accordingly
As demonstrated in the Table above, the proposal fully complies with the key development
parameters with assessment against Performance Outcome PO12 Building Setback provided in
Section 4.2 below.
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4.2 Setbacks
The relevant Performance Outcome PO12 and Acceptable Outcomes are provided below for
assessment.
Building Setback
PO12
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;
(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, outdoor living and utilities;
(f) be consistent with the predominant character of the surrounding area; and
(g) protect the natural character and avoid adverse impacts on ecologically important areas such
as national parks, waterways and wetlands.
The new dwelling (unit 2) seeks a setback to the northern upper level eave of 1.6m, 0m to the garage
and 5.45m to a 3m wide portion of the eastern elevation. Each is discussed below.
Upper level eave
The building is setback 2.2m with the eave protruding into the setback by 0.4m. It is considered this
is a minor encroachment and fully complies with PO12 on the following grounds that the eave:
• Is high above the ground level and therefore is not imposing on the neighbour;
• Is on the southern side of the northern neighbour and will not create overshadowing;
• Does not create any overlooking of private open space of neighbouring properties;
• Is consistent with setbacks on neighbouring properties as the superseded planning scheme
allowed 0.6m encroachment into the setback and the surrounding properties were constructed
under superseded planning scheme;
• Allows for landscaping to screen the development.
Rear setback
The proposal seeks an eave and a small portion of the rear building to encroach by 0.6m into the
setback. Figure 5 below shows the extent of the building into the setback.
Figure 3 - Extent of building into the rear 6m setback shown on 2 elevations
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The building is setback 5.45m with the eave and a small portion of the building 2.7m wide protruding
into the setback by 0.55m. It is considered this is a minor encroachment and fully complies with
PO12 on the following grounds:
• 5.45m is a considerable setback and given it is to a small portion of the building will not be
imposing on the neighbour;
• Is on the western side of the eastern neighbour and will not create overshadowing;
• Does not create any overlooking of private open space of neighbouring properties as the ground
floor will be screen by a standard 1.8m or 2m high fence and there are no opening on the upper
level;
• Is consistent with setbacks in the surrounding area given that the following properties all have
reduced setbacks to the rear boundary
• 23 Toolar St – adjoining property
• 29, 33 and 35 Toolar St
• 44 and 48 Poinciana Ave
• Allows significant area for landscaping between the proposal and the rear boundary to screen
the development.
Garage
The garage is proposed with a 0m setback to the southern boundary. The siting is considered to fully
comply with PO12 on the following grounds:
• The wall is between 3m and 3.2m above the NGL resulting in a maximum height of 1.2m above
a standard fence and therefore will not be imposing on the neighbour;
• will not create any additional overshadowing because the upper level (compliant setback) will
cast a shadow slightly further than the garage without negatively impacting on the neighbouring
property, noting that existing vegetation already shades the neighbouring property;
• Does not overlook the private open space of neighbouring properties;
• This is a standalone dwelling similar to a dwelling house albeit part of a Dual Occupancy. A
dwelling house is permitted to construct this structure in the proposed location under the Planning
Scheme in accordance with the QDC.
The development meets the Performance Outcome pertaining to setbacks.
4.3 Sustainable Building Design Code
Importantly the proposal is reusing the existing Dwelling house which significantly minimises the use
of non-renewable building materials.
The proposed Dual occupancy design is finished with an attractive built form which integrates with
surrounding development and given the reuse of the existing Dwelling house maintains the street
character of Werin Street. The design incorporates a mix of materials to add visual interest and takes
the form of 2 separate buildings. The existing dwellings layout has been amended so that the living
and dining areas face north with a new front deck able to take advantage of the northern aspect.
The new dwelling, proposes a stepped building design facing north so that 3 areas, living, alfresco
and dining area can access the northern aspect. All rooms, including the upper level bedrooms and
stairwell have 2 openings allowing for excellent flow though and cross ventilation. Anitcon insulation
is proposed beneath roof sheeting and sarking behind external wall material provide insulation
helping to heat and cool the dwelling without mechanical means.
An assessment against the Performance Outcomes (PO8) of the Sustainable Building Design Code
is provided below.
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Table 5 - Performance Outcome
Performance Outcome Comment
orientates buildings and windows to The design includes large decks extending from the open kitchen/living
make the most of prevailing winds, areas. The bedrooms include natural light and large openings allowing for
natural ventilation, and cross breezes; cross breezes and natural ventilation. Importantly the outdoor living areas
of both dwellings have a northern aspect.
maximises shade to east and west Sunshades and eaves are included to shade walls.
walls;
contains an open and permeable built Flow through ventilation is maximised by openings directly opposite
form that connects indoor and outdoor through the living and dining areas.
spaces in an integrated design;
retains existing vegetation and natural Although not proposing to retain trees as there are no significant mature
shading where possible; trees onsite, the design proposes large plantings along the frontage of the
site to allow for shading and a vegetated presentation to the street.
incorporates passive building design to The design provides windows and large open areas to provide for passive
reduce the need for auxiliary heating cooling and natural breeze flow through. The building is designed to
and cooling; naturally ventilate with shading provided by the eaves.
uses low toxic internal and A mix of low toxic internal and external materials are incorporated for the
external building materials; construction which will ensure long lasting design that does not require
regular maintenance.
uses natural light rather than artificial Natural light is provided through large windows and bifold doors to the
light, and may include skylights, atriums living spaces and 2 opening for each habitable space.
and light wells;
provides a minimum floor to ceiling 2.7m floor to ceiling heights are provided in the new dwelling.
height of 2.7 metres; and
enables efficient operation and use of The design allows for medium density living and privacy to each of the
the building. units, while also allowing for users to easily flow between the living areas.
4.4 Works Codes – Operational Works
Engineering
A stormwater management plan prepared by SCG has been submitted for the development
complying with the relevant codes. Driveway and crossover details have been provided
demonstrating compliance with grades and cross falls outlined in the Planning Scheme.
Carparking
The Planning Scheme seeks 3 spaces for a Dual occupancy. The design provides 3 covered car
spaces in the form of a single carport and a double garage complying with the code provisions. The
proposal fronts Werin Street, a local road, and therefore vehicles do not have to exit the site in a
forward gear. However, if the owners seek to vehicles can exit the site in a forward gear given the
extent of driveway near the garaging.
Landscaping
A landscaping plan is also provided as part of the proposal package including streetscape planting
and screening vegetation along the front and side boundaries. The proposal complies with the
required 40% total landscaping and also exceeds the required 60% soft landscaping required with
70% of the total 40% landscaping provided.
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4.6 Reconfiguring a Lot Code
The proposal is assessed against PO27, PO28 and PO29 of the Reconfiguring a Lot Code, relevant
for standard format lots with common property requiring a CMS under the Body Corporate and
Community Management Act 1997. The Table below demonstrates the proposed subdivision of the
Dual occupancy fully complies with the relevant Outcomes of the Code.
Table 6 - Standard format lot assessment for CMS under the BCCMA 1997
Performance Outcome Comply
PO27 This can be conditioned to ensure Y
Community title subdivision only occurs once compliance.
construction of approved buildings on site is completed.
Editor’s Note—As a building is to be constructed prior to
sealing of subdivision plans, assessment of the
development is to be undertaken as part of the
development application for a material change of use if
that development is assessable under the planning
scheme. Reconfiguring a lot can be assessed
simultaneously or subsequently against the relevant
parts of this code.
PO28 As demonstrated on the Plan of Subdivision Y
Development provides internal access ways and each proposed lot can share the driveway
driveways which: and apron area without imposing on the
residence’s amenity. Clear vehicle access
(a) are designed to clearly indicate the function of can be provided as common property.
the access way; and
(b) provide acceptable levels of access,
functionality, safety, amenity and convenience
for users, as well as catering for car parking
facilities.
PO29 • The proposal is located in Tewantin Y
Community title subdivision for residential purposes only opposite the State School and near
occurs— playing field and public swimming pool
and also less than 500m from Tewantin
(a) where lots are located close to services and business centre along Poinciana Ave.
facilities; • Located in the Medium Density
(b) in the Low density residential zone, Medium Residential zone
density residential zone, High • New Dual occupancy and Multiple
density residential zone, Tourist dwelling are slowing replacing the older
accommodation zone or Centre zone; dwelling houses in the surrounding area.
(c) where they are consistent with the character of • Proposal complies with carparking and
the locality they are located in; private open space provisions of the
(d) if appropriate house site areas and car parking Planning Scheme.
needs can be accommodated; • The lots are fully serviced
(e) where they are supplied with adequate • The proposal sits within the urban
infrastructure to meet the needs of users; footprint with no negative impacts on the
(f) where they minimise adverse effects on the environment
environment; • The lots are both rectangular in shape
(g) if they are of suitable shape and slope to with Lot 0 accommodating the driveway
minimise constraints to development; and and associated apron.
(h) if they are sufficient areas to • The lot are sufficient size for their
provide reasonable amenity for users. intended use.
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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. The application does not trigger assessment against for coastal hazards.
6.0 Conclusion
This application seeks a Development Permit for a combined MCU, REC and OPW for a Dual
Occupancy situated at 19 Werin Street. The use is a consistent code assessment development
within the Medium Density Residential Housing Zone. The assessment finds the design generally
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 generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.
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