2017-09-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             12 SEPTEMBER 2017


            Landscaping
     8.     A minimum of 20% of the site must be retained as soft landscaping.
     9.     Existing trees on the site and within road reserves must be retained.
     10.    Three street trees with a pot size of 45 litres and of native, endemic species with a
            mature height of 4 metres must be planted on the road reserve in front of the wall of
            the pool to screen the excessive wall height.
     11.    The pond located at the entrance stairways of the dwelling must be converted to a
            garden and consist of native, endemic species.
B.   Include the following property note:
     1.     The driveway for 35 Seaview Terrace, Sunshine Beach is a non-standard driveway
            and is unsuitable for low or long vehicles to access the site.


REPORT
1.   PROPOSAL
The application seeks a Concurrence Agency Response for an existing Detached House at 35
Seaview Terrace, Sunshine Beach. This application is presented to Council due to numerous
non-compliant features of the dwelling which was constructed in 2008 without a development
approval from Council.
The existing dwelling does not comply with The Noosa Plan’s probable solutions in respect to the
following:
a)   Setback encroachments –
     i.     at three points of the building on the north-eastern boundary
b)   Exceeding the maximum building height of 8m –
     i.     10m at the master bedroom roof
     ii.    8.8m at the roof of the living room on the first floor
     iii.   8.8m at the roof of bedroom 3 on the top floor
c)   An additional storey to the maximum building height of 2 storeys –
     i.     the building is three storeys
d)   Additional site cover –
     i.     the site cover of the dwelling is 49%
     ii.    the site cover of the dwelling and all structures above 1m from Natural Ground Level
            is 55%
e)   Non-compliant driveway –
     i.     the driveway is non-compliant with Council’s engineering requirements
f)   Swimming pool wall -
     i.      Swimming pool wall on the front boundary exceeds 2m in height
Under the Sustainable Planning Regulations, Councils cannot require an application to be lodged
for a Material Change of Use for dwellings in residential areas unless subject to a relevant
overlay such as a Biodiversity Overlay. Instead the Sustainable Planning Regulations make
Councils a concurrence agency for those applications that are made assessable by the planning
scheme. Therefore the application must be lodged with a building certifier and Council becomes
a concurrence agency to the building application.


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