Delegated Report - Code - Planning MCU21 0191

Author	Development Planner, Lisa Pienaar
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0191
Applicant	Lucas Richard Shannon & Andre Juan Casson
Proposal	Material Change of Use - Multiple dwelling (1 additional dwelling)
Properly Made Date	12 November 2021
Information Request Date	2 December 2021
Information Response Date	Not Applicable
Decision Due Date	16 August 2022
Report Completed Date	15 August 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	Illawarra Court 17 Henderson St Sunshine Beach Qld 4567
RP Description	Lot 1-4 BUP 3585
Land Area	693m²
Existing Use of Land	Multiple Dwelling (4 Units)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	High Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Landslide Hazard Area Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Multiple dwelling (additional dwelling unit). The proposed development seeks to intensify dwelling density, with 1 additional unit proposed to be added to the 4 existing on-site dwelling units. The additional unit will become another level to the existing building.
Four (4) small dwelling units form part of the whole development, including new unit 5.  The proposal therefore qualifies for the bonus provisions for additional plot ratio and reduced landscaping.
The existing bedroom and parking configuration for each unit is as follows as described by the applicant:
Unit 1 = 1 Bed, 1 Bath, 1 Car Space – 87m2 GFA
Unit 2 = 1 Bed, 1 Bath, 1 Car Space – 81m2 GFA
Unit 3 = 1 Bed, 1 Bath, 1 Car Spaces – 79m2 GFA
Unit 4 = 2 Bed, 2 Bath, 1 Car Space – 115m2 GFA
Unit 5 = 2 Bed, 2 Bath, 1 Car Space – 99m2 GFA

One visitor space and 2 scooter spaces are also proposed.
The proposal also seeks to modify the car parking area to accommodate additional parking, add a communal open space area at the rear with a swimming pool and install a new lift at the rear of the site.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Existing Development

Figure 3 – Site Plan

Figure 4 – Floor plan of new level

Figure 5 – Elevations

site details
Background
The existing development was approved as of right. Council does not have any records of the original development.
A prelodgement (PLM21/0034) for the proposal was held 15 June 2022 for a design layout which is different from the assessment of this application.
The proposal has been modified since its lodgement with regard to bulk and scale as officers had indicated the significance of structures within setback areas was unlikely to be supported.
Site Description
The subject site is relatively regular in shape and comprises an area of 693m2 consisting of undulating topography that slopes to the east, towards Henderson Street. The site is not encumbered by any easements in favour of a distribution entity or third-party interest.
Surrounding Land Uses
The site is located within the High-Density Residential Zone and adjoins multiple dwelling developments to the north, west and south. Development in the area is generally characterised by multiple dwellings and duplexes.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
High Density Residential Zone Code;
Eastern Beaches Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes;
Landslide Hazard Overlay Code.
The subject site is located in Sunshine Beach and is zoned High Density Residential. The proposed use is identified as a consistent use within 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
Building height storeys metres	3 storeys max 12 metres	3 with minor 4 storey component 11 metres	x
Site cover	40% max	32.9%	
Plot ratio	0.7:1 max (485.1m2)	0.695.1 (481m2 )	
Boundary setbacks Frontage Side (North) Side (South) Rear	6 metres min (1st/2nd storey) 10 metres min (3rd/4th storey) 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	9.2 metres 13.67-16 m Existing entry 1m Pool shelter 0.256m 4.3m (lift) 1.6m to pool shelter	X X X
Length of wall	15 metres max	16 metres (existing)	X
Landscaped open space Soft landscaping Landscaping Setbacks	35% (242m2) 60% of total Front 6m of property (min) Carparking 2m	37% (242m2) (210m2) >60% Car parking 2m	
Private Open Space	12m² min	33m²	
Carparking	6 covered 2 visitor spaces	3 covered + 3 uncovered 2 scooters	X X

Parking
Four (4) covered car spaces exist on site, providing 1 car space per existing unit.  Four (4) spaces, plus 1 additional space was required under the Planning Scheme at the time the units were established.  It is noted there is space on site facilitating visitor parking, although this was never formalised.
The proposal to include an additional unit to an existing development results in a shortfall of parking for the site.  Refer to Table 1 below:

Unit	Required under NP	Proposed
Unit 1 = 1 Bed 87m2	1 covered	3 covered 3 uncovered .5 car space (2 scooter spaces)
Unit 2 = 1 Bed – 81m2	1 covered	
Unit 3 = 1 Bed, 1 Bath – 79m2	1 covered	
Unit 4 = 2 Bed, 115m2	2 covered	
Unit 5 = 2 Bed, – 99m2	1 covered	
	1 space per 4 dwellings - visitor	
	6 covered car spaces 1 car space	3 covered car spaces 3.5 uncovered
Table 1
The proposed additional unit, described as Unit 5, features 2 bedrooms and a GFA of 99m2, requiring 1 car space.
Each unit, both existing and proposed units, is serviced by 1 designated car parking space and in addition 1 visitor space and 2 scooter spaces are provided on-site.  It is acknowledged that Unit 4, featuring 2 bedrooms and a GFA of over 100m2, requires 2 car spaces. However currently this existing unit utilises one car space.
A shortfall of 0.5 car spaces and 3 covered instead of 6 covered is the non-compliance.  Although this is a shortfall of parking, this assessment is based on the additional demand for the new unit.  The new unit requires one space.  The proposal provides for 2 additional spaces, plus provision for 2 scooters.
The original proposal submitted by the applicant provided 5 covered spaces, resulting in part of a large structure being situated in the front and side setback.  It has been determined, that uncovered spaces in the setback is a better outcome than a large bulky structure intruding on setbacks, whose sole purpose was to provide cover for car spaces.
The proposed parking numbers and configuration is supported.
Setbacks
A new lift is located at the rear of the building and is setback 4.3m in lieu of 6 metres from the rear boundary.  Further, a pool shelter is proposed to be setback on southern boundary 0.256m from the boundary in lieu of 1.5 metres and 1.6 metres to the rear.  The structure is 2.88m high within the boundary clearance and 3.26m high beyond.  The structure is 2.8 metres long near the side boundary.  No vegetation is proposed to be removed to facilitate this structure and it is lightweight in nature. This part of the site is located adjacent to a site where a large track of mature vegetation exists along the boundary and it is considered the siting of the structure will have no impact on the adjoining property’s amenity.  Regarding the rear setback, the site to the rear sits higher than this site with significant vegetation along the common boundary.
It is considered that the location of the lift and pool shelter within the allowable 6 metre setback complies with Performance outcome PO9 of the High Density Residential zone code.

Storeys
The existing development is 3 storeys.  The proposal to add another level results in a small portion of the building at 4 storeys.  Refer Figure 6.

A summary of the definition of a storey is as follows:
means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than—
a space containing only a lift shaft, stairway or meter room; or
a space containing only a bathroom, shower room, laundry, toilet or other sanitary compartment; or
a space containing only a combination of the things stated in subparagraphs (i) or (ii); or
a basement with a ceiling that is not more than 1m above ground level; and
There is a minor section of the building which is technically 4 storeys, this is because there is a new balcony proposed for Level E (new unit 5). This creates a 900mm overhang which provides weather protection to the level below.  Therefore, the proposal does not comply with PO5 (f) of the High Density Residential zone code.  However, it does comply with PO (a) – (e) of the code.  The proposed section of 4 storeys is supported as the non compliance is minor in nature and complies with the Purpose and overall outcomes of the code as it is in keeping with the character of the streetscape due to adjoining buildings that are considered larger than the proposal.

Figure 6 – 4th storey element

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Coordinator, Engineering
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 MCU21/0191 for a Material Change of Use - Multiple dwelling situated at Illawarra Court 17 Henderson St Sunshine Beach Qld 4567, Lot 1-4 BUP 3585, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0191
Street address:	Illawarra Court 17 Henderson St Sunshine Beach Qld 4567
Real property description:	BUP 3585, Lot 1 BUP 3585, Lot 2 BUP 3585, Lot 3 BUP 3585, Lot 4 BUP 3585
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Multiple dwelling (additional dwelling unit)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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.	Rev.	Plan/Document Name	Date
1.2	E	Site Plan, prepared by M Design	11.08.2022
2.1	E	Level A – Proposed, prepared by M Design	11.08.2022
2.2	E	Level B – Proposed, prepared by M Design	11.08.2022
2.3	E	Level C – Proposed, prepared by M Design (as annotated by Council)	11.08.2022
2.4	D	Level D – Proposed, prepared by M Design	11.08.2022
2.5	E	Level E – Proposed, prepared by M Design	11.08.2022
2.6	E	Roof Plan – Proposed, prepared by M Design	11.08.2022
2.8	E	Gross Floor Area, prepared by M Design	11.08.2022
2.9	E	Landscape Plan, prepared by M Design	11.08.2022
4.1	E	Elevations, prepared by M Design	11.08.2022
4.2	E	Elevations, prepared by M Design	11.08.2022
4.3	E	Elevations, prepared by M Design	11.08.2022
4.4	E	Elevations, prepared by M Design	11.08.2022
5.1	E	Sections, prepared by M Design	11.08.2022
10.1	E	3D Views, prepared by M Design	11.08.2022
10.2	E	3D Views, prepared by M Design	11.08.2022
10.3	E	3D Views, prepared by M Design	11.08.2022
10.4	E	3D Views, prepared by M Design	11.08.2022
Nature and Extent of Approved Use
This approval relates to the provision of additional Unit 5.
Currency Period
This development approval lapses if the use has not happened by 15 August 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 12 metres above the finished ground level and the natural ground level.
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 $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
The upper level balcony located on Level E must include either balcony planter boxes, 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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Existing native vegetation on the site must be retained, particularly along the northern boundary except where required to be removed to accommodate the pool.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Landscaping works must be undertaken in accordance with an Operational Works approval and in accordance with Planning Scheme Policy PSP 2 – Landscaping and generally in accordance with Drawing no. 2.9 – Landscape Plan and include in particular:
Screening vegetation must be planted along the northern, southern and eastern boundary in accordance with the approved plan (exclusive of access and existing structures). The planted vegetation must have a minimum pot size of 20 litres and consist of native, endemic species with a mature height of not less than 5 metres and approximate spacing of 1.5 metre centres.
Trees to be retained must be protected from construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
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.

ENGINEERING
Site Access and Driveways
The existing access driveway must be replaced with a new sealed access driveway extending from the road formation in Henderson Street to the parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover generally in accordance with Council’s Standard Drawing RS-051 together with any associated addendum
Car Parking
A minimum of 6 car (a minimum of 3 must be covered) and 2 motor cycle parking spaces must be provided and marked on the site and made available and accessible at all times. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a carparking layout generally in accordance with drawing number 2.1 revision E prepared by M design dated 11 August 2022, and
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 - Parking Facilities.
All vehicles must enter and exit the site in a forward gear.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
Stormwater runoff from the any new structures and the modified carparking area must be directed to the existing stormwater drainage system.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Geotechnical Stability
All development works must be carried out in accordance with a site specific Geotechnical Report (or part thereof) prepared by a qualified person* and endorsed through a Building Works approval.  *(Refer to advisory Note)
At the completion of the works 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 site specific geotechnical report 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
All earthworks associated retaining structures/batters, both above and below ground level, both temporary and permanent, 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.

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:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority

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 Operational Works	Access, Car parking, Landscaping
Development Permit for Building Works	All building work
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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