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164 Edwards St - Duplex MCU App - Planning Report
Town Planning Report Application for a Development Permit for a Material Change of Use to Establish a Dual Occupancy (Code Assessable) 164 Edwards Street, Sunshine Beach 4567 QLD Lot 108 on RP94566 Adam Flanagan & Shane Tye
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Page 2
Table of Contents
Important Note 1
1. Summary 2
2. Application Information 3
3. Development Intent 4
4. Characteristics of Site and Surrounds 5
4.1 Site Characteristics 5
4.2 Surrounding Land Uses 7
4.3 Current Registered Landowner 7
5. Proposed Development Details 8
5.1 Duplex 8
6. State Planning Interests 11
6.1 Planning Act 11
6.2 Referral Agencies and State Development Assessment Provisions 11
6.3 State Planning Policy 12
6.4 South East Queensland Regional Plan 2017 12
7. Noosa Council Planning Scheme Considerations 13
7.1 Land Use Definition 13
7.2 Zone 13
7.3 Level of Assessment 13
7.4 Local Plan 13
7.5 Applicable Development Codes 13
7.6 Applicable Overlay Codes 16
7.7 Planning Scheme Polices 16
8. Conclusions 17
List of Figures
Figure 1: Proposed Duplex – View from Edward Street 4
Figure 2: Site Location Map 5
Figure 3: Cadastral Map 6
Figure 4: Council Zone Map 7
Figure 5: Proposed Protrusion of Units 1 and 2 – Rear Setback 9
Figure 6: Proposed Duplex – View from Edward Street 9
Figure 7: Unexploded Ordnance Overlay 11
List of Tables
Table 1: Application Information 3
Table 2: Project Team and Appendices 3
Table 4: Surrounding Uses 7
Table 4: Development Parameters 8
RG Strategic Town Planning Report – Dual Occupancy a
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Adam Flanagan & Shane Tye (“Client”) for the
specific purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim
arising out of or incidental to a Third Party; and
• publishing, using or relying on the facts, content, opinions or subject matter contained
in this report.
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
RG Strategic Town Planning Report – Dual Occupancy 1
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1. Summary
RG Strategic has prepared this development application on behalf of Adam Flanagan and Shane
Tye. The subject site is located at 164 Edwards Street, Sunshine Beach 4567, and is formally
described as Lot 108 on RP94566 as shown on Figure 3.
The purpose of this report is to seek approval for a Development Permit for a Material Change of
Use for a Dual Occupancy use.
The site is included in the Medium Density Residential Zone within the Sunshine Beach locality of the
Noosa Plan 2020. An application of this nature within the Medium Density Residential Zone triggers
Code Assessment.
The proposed development of this site constitutes ‘development’ as defined by Schedule 2 of the
Planning Act 2016. This report demonstrates that the proposed Material Change of Use of Premises
for a Dual Occupancy (duplex) is permitted.
This planning report provides greater detail of the nature of the proposal, describes the site
characteristics and surrounding land uses, and provides a statutory assessment against the intents
and code requirements of the Noosa Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the SEQ Regional Plan;
• An assessment of the proposal against the Noosa Plan 2020; and
• A conclusion that summarises the grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Form 1 and
Appendix A Proposed Site Plan. This report comprehensively addresses the merits of the
development with regard to the provisions of the Noosa Plan 2020 and other relevant matters as
prescribed in the Planning Act 2016. The development is appropriate and is not anticipated to
impact upon the amenity of the locality. Council’s approval of the application is therefore sought,
subject to relevant and reasonable conditions.
RG Strategic Town Planning Report – Dual Occupancy 2
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2. Application Information
Table 1: Application Information
Address 164 Edwards Street, Sunshine Beach 4567 QLD
Real Property Description Lot 108 on RP94566
Land Area 512m2
Local Authority Noosa Council
Current Use Dwelling house
Proposed Use Dual occupancy
Planning Scheme Noosa Plan 2020 (25th September 2020)
Locality Coastal Communities
Zone Medium Density Residential
Precinct N/A
Coastal Communities Local Plan Code
Medium Density Residential Zone Code
Relevant Codes and Overlays
Dual occupancy and Multiple Dwelling Code
Works Code
Applicant Adam Flanagan and Shane Tye
Level of Assessment Assessable Development requiring Code Assessment
Referrals Not applicable
Table 2: Project Team and Appendices
Town Planning RG Strategic
Proposed Architectural Plans Garland Design Appendix A
RG Strategic Town Planning Report – Dual Occupancy 3
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3. Development Intent
Adam Flanagan and Shane Tye (the Applicant) is seeking to establish a Dual Occupancy on the site
at 164 Edwards Street, Sunshine Beach 4567 The existing dwelling will be demolished, and an
architecturally design duplex is proposed on the site.
The configuration of the proposed duplex is listed below and as represented in Figure 1:
• Unit 1 – 102.5m2,
• Unit 2 – 102m2,
• 1 x crossover and basement garage for 4 x vehicles,
• Private pools and decks to each unit.
Figure 1: Proposed Duplex – View from Edward Street
Source: Appendix A – WA.7.02
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4. Characteristics of Site and Surrounds 4.1 Site Characteristics The land which is the subject of this report (i.e., the subject site) is located at 164 Edwards Street, Sunshine Beach 4567; legally described as Lot 108 on RP94566. Refer to Figure 2 Site Location Map and Figure 3 Cadastral Map. The site is an odd rectangular shaped parcel of 512m2. The site fronts Edwards Street, Sunshine Beach. The site slopes from the northeast corner to the southwest corner of the lot. It appears there is approximately 4m of slope diagonally across the site. Figure 2: Site Location Map Source: NearMap Existing Dwelling Houses Existing on the subject site is a 2-storey detached dwelling house. This dwelling and associated structures will be removed from site. RG Strategic Town Planning Report – Dual Occupancy 5
Page 8
Figure 3: Cadastral Map
Source: QLD Globe
RG Strategic Town Planning Report – Dual Occupancy 6
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RG Strategic
Town Planning Report — Dual Occupancy
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4.2 Surrounding Land Uses As illustrated in Figure 4, the surrounding area of the subject site encompasses medium density residential allotments of varying sizes. Figure 4: Council Zone Map Source: Noosa Plan 2020 Table 4 details the surrounding land uses immediately adjacent to the subject sites. Table 3: Surrounding Uses North Detached dwelling South Pearl Street East Detached dwellings West Edwards Street 4.3 Current Registered Landowner Adam Flanagan and Shane Tye are the current landowner of the subject site. The owners’ details are confirmed by the Certificate of Title and written consent from the registered owners is enclosed with this application. RG Strategic Town Planning Report – Dual Occupancy 7
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5. Proposed Development Details
5.1 Duplex
This application is seeking a Development Permit for a Material Change of Use to establish a Dual
Occupancy. The application constitutes a Material Change of Use (Code Assessable) which will
encompass the following elements:
• Removal of the existing detached dwelling and associated structures,
• Development of two x 2-bedroom units (duplex), and
• Understorey carparking.
Table 4 lists the primary designs details of the proposed development and their compliance with
the Noosa Plan 2020.
Table 4: Development Parameters
Design Parameter Noosa Plan 2020 Proposed Development Compliance
Site Cover 40%/204.8m² 39.95%
Building Height 8 metres above NGL and 2 storeys < 8 metres and 2 storeys
Plot Ratio Total GFA = 0.4:1 / 204.8m2 204.5m2
Setbacks - Front 6 metres 6 metres
Avg 6 metres, relaxation
Setbacks – Rear 6 metres
required
1.5 metres setback up to 4.5 metres
height;
2 metres setback between 4.5
Setbacks – Sides metres and 7.5 metres height; and 2 metres
2 metres plus 500mm for every 3
metres or part thereof above 7.5
metres
2 x covered spaces and 4 x covered spaces and
Carparking
1 x additional space 1 x additional space
Landscaping 40%/204.8m² 42%/220m²
As demonstrated by Table 4, the proposed development complies with the majority primary design
parameters prescribed within the Noosa Plan 2020. A minor relaxation is sought on the rear
boundary setback. Importantly, the development is under the permitted gross floor area and site
cover, and is within the height prescribed.
Two sections of the duplex protrude into the rear setback, which are measured at approximate 4.6
and 3.5 metres. This protrusion is considered minor with reference to the scale of the proposed
RG Strategic Town Planning Report – Dual Occupancy 8
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development. The areas which marginally intrude on the rear setback are illustrated in Figure 5 below, and plan WD.2.01 within Appendix A. Figure 5: Proposed Protrusion of Units 1 and 2 – Rear Setback Source: Appendix A – WD.2.01 The shape and topography of the allotment presents a number of challenges; nevertheless, the proposed development presents a well-designed duplex which incorporates architectural articulation in vertical and horizontal elements, as well as materials as represented in Figure 6 below. Figure 6: Proposed Duplex – View from Edward Street Source: Appendix A – WA.7.02 RG Strategic Town Planning Report – Dual Occupancy 9
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Design elements such as contemporary square eave overhangs, timber ceiling inserts and battens are included to provide visual interest and reinforce the Coastal Communities modern beachside vernacular. The juxtaposition of the lightweight timber finishes against the textured rendered finishes have been purposefully used to create visual breaks in the length of the development. The location of windows, RG Strategic Town Planning Report – Dual Occupancy 10
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6. State Planning Interests The following is an assessment of how the proposed development addresses the relevant statutory planning documents. 6.1 Planning Act The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development applications are assessed. The development application is made in accordance with s.51 of the Act. 6.2 Referral Agencies and State Development Assessment Provisions Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) DA online mapping system has confirmed the following Matters of State interest. Unexploded Ordnance (UXO) The subject site is located within the Area with Substantial Potential for UXO as depicted within Figure 7. Figure 7: Unexploded Ordnance Overlay Source: DSDIP DAMS RG Strategic Town Planning Report – Dual Occupancy 11
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6.3 State Planning Policy The State Planning Policy (SPP) provides the legislative guidance with regard to the Queensland Government’s policies and matters of state interest for land use for the purposes of planning development. The SPP applies to development assessment should the local planning instrument (planning scheme) not appropriately integrate the SPP. Where there is any inconsistency with the planning scheme the SPP prevails. Part 2 of the Noosa Plan 2020 states that the “Planning Minister is satisfied that the State Planning Policy (SPP) dated July 2017 is appropriately integrated in the Noosa Council's planning scheme”. Therefore, assessment against the SPP is not required. 6.4 South East Queensland Regional Plan 2017 The South East Queensland Regional Plan 2017 (SEQRP) guides land use and development in the region. The subject land is located inside the Urban Footprint of the SEQRP. As detailed within this report above, the proposed development is consistent with the intent of the urban footprint policies and desired outcomes for the SEQRP. RG Strategic Town Planning Report – Dual Occupancy 12
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7. Noosa Council Planning Scheme Considerations
The subject site is located within the Medium Density Residential Zone and the proposed Dual
Occupancy use is subject to assessment under the Noosa Plan 2020. The following is a review of the
proposed development under the Noosa Plan 2020.
7.1 Land Use Definition
The Noosa Plan 2020 defines Dual Occupancy as:
a) means a residential use of premises for 2 households involving—
i. 2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether
attached or detached) on separate lots that share a common property; and
ii. any domestic outbuilding associated with the dwellings; but
b) does not include a residential use of premises that involves a secondary dwelling.
7.2 Zone
The Noosa Plan 2020 identifies the site within the Medium Density Residential Zone.
7.3 Level of Assessment
Within Part 5 of the Noosa Plan 2020, Table 5.5.2 – Medium Density Residential prescribes that the
proposed Dual Occupancy is subject to Code assessment.
7.4 Local Plan
The subject site is located within the Coastal Communities Local Plan Area.
7.5 Applicable Development Codes
As identified in Section 7.3 of this report, the proposed Dual Occupancy use is Code Assessable
within the Medium Density Residential Zone. The following Development Codes are applicable to
the proposed use:
• Coastal Communities Local Plan Area Code,
• Medium Density Residential Zone Code,
• Dual Occupancy and Multiple Dwelling Code,
• Works Codes,
The abovementioned development codes are considered below.
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Coastal Communities Local Plan Area Code
The purpose of the Coastal Communities Local Plan Code is to provide locally relevant planning
provisions for the assessment of development within the Coastal Communities Local Plan area.
The following overall outcomes apply to the Coastal Communities Local Plan area and are relevant
to the proposed development:
(o) Development in the Medium Density Housing zones accommodates a greater
diversity in housing types including dual occupancies, multiple dwellings, retirement
facilities and residential care facilities.
(v) Development in Sunshine Beach –
(i) provides housing, multi-unit accommodation and small scale retail,
commercial and dining uses in a secluded vegetated, beachside setting.
(ii) has a comparatively high proportion of multi-unit accommodation for both
visitors and residents;
(iii) for visitor accommodation is managed appropriately so as not to reduce
the amenity of the surrounding permanent residents and to retain and
adequate supply of permanent housing in the local plan area;
(iv) in the Tourist accommodation zone provides well-designed entertainment
and dining activities which may operate after hours and include controlled
live acoustic and amplified music and entertainment, to create a vibrant
atmosphere.
(v) adjacent to beach areas does not visually compromise the setting of the
public beach, nor adversely affect views for the beach.
Applicant’s Response:
The proposed Dual Occupancy use complies with the intent of the Coastal Communities Local Plan
Code and the relevant Performance and Acceptable Outcomes. The built form proposed is
harmonious with the Sunshine Beach vernacular and represents a modern beachside design. A
skillion roof design has been utilised as well as hooded awnings and eaves to suit the subtropical
climate of Sunshine Beach.
Plans WD.7.02 and WD.7.03 within the Architectural Plans (Appendix A) details the lightweight
materials proposed. Timber cladding and battens used as vertical and horizontal element create
visual interest and articulation.
Medium Density Residential Zone Code
The overall outcomes sought for the Medium Density Residential Zone that are relevant to the
proposed development are as follows:
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(c) Development makes a positive contribution to the look and feel of residential
neighbourhoods by maintaining a low scale character with well-designed buildings
and landscaping that enhance the streetscape.
(d) New uses are located, designed and managed to be compatible with surrounding
uses.
(f) Development caters for both the current and projected demographic and socio-
economic profile of the area, including one and two-person households, households
on low to moderate incomes and residents with reduced mobility.
(g) Small dwellings and co-housing models are integrated within the medium density
residential built form to increase housing choice.
(j) Development maintains a high level of residential amenity having regard to traffic,
noise, dust, odour, lighting and other locally specific impacts.
(k) Development provides for an efficient pattern of land use and infrastructure that
creates walkable and legible residential neighbourhoods that integrate with active
transport networks and are well connected to activity centres, employment nodes,
open space and recreational areas, community facilities and educational
opportunities.
Applicant’s Response:
The proposed development provides for two 2-bedroom units of 102m2 each. The units are accessed
via a vehicle crossover from Edward Street, with understorey carparking provided for the residents.
The proposed duplex is under the maximum building height of 8 metres and is of a scale that is
compatible with surrounding development. Roof overhangs, eaves and timber battens are included
design elements to add visual interest, in addition to the variety of building materials proposed.
The proposed configuration of the units allows for a high level of amenity for the residents as well as
to the adjoining premises. Landscaping treatments including dense planting are proposed (as
represented in plan WD.2.07) to create a landscaped setting and positively contribute to the
streetscape. A variety of trees, shrubs and ground covers are proposed which will achieve a varied
landscaped outcome.
Minor filling and excavation is required for the proposed duplex, and these details will be lodged as
part of the application for operational works.
Dual Occupancy and Multiple Dwelling Code
The purpose of the Dual Occupancy and Multiple Dwelling Code is to ensure dual occupancies are
of a high-quality design which appropriately respond to local character, environment and amenity
considerations.
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Applicant’s Response: The proposed duplex has been assessed against the Dual Occupancy and Multiple Dwelling Code and are considered to the consistent with the Purpose and Overall Outcomes of the Code. The proposed duplex is located on land that is appropriate for medium density residential living. The subject site is suitably located and assists in creating a walkable residential neighbourhood that integrates with transport networks and is well connected to a range of local shops and centres. The development is within walking distance to Sunshine Beach Village Centre and the Noosa Junction. Safe vehicular access to and from the site is provided from Edward Street. Works Codes These codes largely relate to the provision of services and infrastructure associated with the proposed development of the subject land. The subject site currently has access to, or is capable of being connected to, an appropriate level of infrastructure for its intended urban residential use. As demonstrated within Table 4, the proposal complies with the requirements of the Driveways and Parking Code, and Landscaping Code. The proposed development includes the provision of 4 x covered spaces and 1 x visitor space. A concept landscape plan (WD.2.07) is enclosed within Appendix A and includes a variety of trees, shrubs and ground covers species. 7.6 Applicable Overlay Codes Noosa Council’s Enterprise Mapping System identifies that the site is not affected by any overlays. 7.7 Planning Scheme Polices The proposed development has been designed with reference to the relevant planning scheme polices. RG Strategic Town Planning Report – Dual Occupancy 16
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8. Conclusions
The proposed Development Permit for a Material Change of Use (Dual Occupancy) on land at 164
Edwards Street, Sunshine Beach 4567, has been assessed against the requirements of the Local and
State Statutory Planning Requirements.
This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020, and the proposed development can be supported
on a number of grounds, including:
• The development application has been made in accordance with the requirements of both the
Planning Act 2016 and the Development Assessment Rules 2017;
• The proposal is consistent with the Strategic Intent of the Noosa Plan 2020 and does not
compromise any higher order strategic planning for the area;
• The proposed Duplex is appropriately sited in a Medium Density Residential Zone and is within
walking distance to a variety of local shops at the Sunshine Beach Village Centre;
• The proposed two 2-bedroom units are under the maximum building height and are of a scale
that is compatible with surrounding development;
• The proposed configuration of the units allows for a high level of amenity to the residents as well
as to the adjoining premises; and
• The proposed renders demonstrate the variety of materials including textured render, timber
cladding and battens are which provide visual interest.
On the basis of the above assessment, it is recommended that Noosa Council favourably consider
the proposed Material Change of Use subject to reasonable and relevant conditions. We look
forward to Council processing the application at its earliest convenience.
Should you require any additional information or have any queries please to not hesitate to contact
us.
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