Concurrence Referral Agency - Planning Report RAP18 0051 · RAP18/0051

Author	Development Planner, Billy Glover
Development Assessment
Index	RAP18/0051

APPLICATION DETAILS
Application	RAP18/0051
Applicant	Glen Watson
Proposal	Detached House
Properly Made Date	21 November 2018
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	12 December 2018

PROPERTY DETAILS
Property Address	Bayview Woods 2/1-7 Bayview Rd Noosa Heads Qld 4567
RP Description	Lot 2 SP 116707
Land Area	889m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached Housing
Overlays	Nil
Assessment Type	Code
REPORT
PROPOSAL
The application seeks a Concurrence Agency Response for a Detached House (Site Cover and Building Height). The proposed Detached House includes a double garage, kitchen, butler’s pantry, dining room, living room, pool, pool cabana, 4 x bedrooms, games and media room and a bar. The subject site is lot 2 of the Bayview Woods community titles scheme estate.
The locality and proposal plans are included below.

Figure 1 – Site Locality

Figure 2 – Floor Plan

Figure 3 – South Elevation

Figure 4 – Elevations

site details
Site & Locality Description
Road Frontage	Within existing community titles scheme subdivision
Existing Significant Vegetation	Some mature trees to the northern side of the lot
Topography	Sloping from the west to the east of the lot
Surrounding Land Uses	Residential uses within the Detached and Attached Housing zones
assessment
The applicable planning scheme for the application is The Noosa Plan. The following sections relate to the provisions of the Planning Scheme.
Land Use and Works Provisions
The following codes which regulate land use and design are applicable to this application:
Detached House Code
The application has been assessed against the above code and found to be compliant with, or can be conditioned to comply. The pertinent matters arising out of the assessment against the code is discussed below.
Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	888m²	
Site cover	50/30% or 40/40% max	56.5%	X
Soft landscaping	min 20% of site area	More than 20% of site area	Condition
Building height storeys metres	2 storeys max 8 metres	3 storeys 8.7 metres	X X
Boundary setbacks Side (North) Side (South) Side (East) Side (West)	1.5/2 metres 1.5/2 metres 1.5/2 metres 1.5/2 metres	1.5/4.7 metres 2/3 metres 5/4.6 metres 2 metres	
Roof form Pitch Eaves	Min 5 degrees Min 75%	20, 19, 17 & 3 degrees 100%	
Carparking	1 space	2 covered	
Site Cover
Probable Solution S11.1 of the Detached House Code states site cover of class 1 and class 10 buildings or structures do not exceed 50% on the ground floor and 30% for the upper storey(s), or 40% for all storeys.
The site cover of the proposed detached house comprises of the following:
Ground – 22.2%
Lower floor – 56.5%
Upper floor – 29.3%
The proposed 56.5% site cover of the lower floor does not comply with the maximum 40% for all storeys.
The existing buildings within the Bayview Woods estate appear grand in size and scale and stand proud of the vegetation on site. The development would present consistent with and compatible in scale and bulk to these adjoining properties as seen in Figures 5 and 6 below.

Figure 5 – Existing development in the Bayview Woods community titles estate

Figure 6 - Existing development in the Bayview Woods community titles estate
Given that a road separates the proposed detached house and the existing adjoining properties, rather than only a common boundary, the proposed is unlikely to present bulky to these surrounding residences. Furthermore, the proposed detached house steps down the slope away from the existing residences, responding to the topography of the site. Therefore, the proposed detached house will sit lower on the land than the existing surrounding developments and nestle amongst the surrounding native vegetation down slope from the public Upper Hastings Street and Bayview Road streetscapes.
The proposal provides adequate room for outdoor recreation and entertainment space, clothes drying and more than 20% of the site area is retained as soft landscaping.
Building Height
Probable Solution S10.1 of the Detached House Code states the maximum building height in metres and storeys is 8 metres but not exceeding 2 storeys. The proposed detached house is 8.7 metres and 3 storeys in height. The proposed variations are discussed below.
Metres
The gradient of the site is approximately 22%, sloping from the southwest to the northeast and as such is constrained by the sloping topography. The three proposed hip roof ridges and ends protrude the 8 metre maximum height. The three height protrusions are towards the rear (east) of each of the 3 main roof forms of the building where the site falls away as shown in Figure 7.
Figure 7 – Proposed exceeding building height
The slope constrains the ability for a 2 storey building to be constructed with compliant ceiling heights and roof form. Additionally, Council prefers buildings to step down the slope rather than a significant cut and fill.
The proposed design generally responds well to the topography of the site by stepping down the slope and minimising the extent of cut and fill. The proposed detached house is well articulated and whilst the roof pitch exceeds the minimum 5 degrees, the roof form presents an integrated appearance with the overall design of the building and is sympathetic of the local climate. A reduction of the roof pitch would lessen the intrusion of the roof form exceeding the maximum 8 metre height, however it is considered a roof with a lesser pitch would appear out of scale with the building and result in a bulky built form appearance. The proposed roof form is unlikely to detrimentally impact the view shed enjoyed by the surrounding dwellings that generally sit higher on the land than the proposed and are generally orientated towards the adjoining Noosa National Park open space rather than the subject site.
The original plan of development for the estate allowed a maximum building height of 10 metres and 2 storeys, except for lot 3 which was required to be developed to a maximum height of 8 metres and 2 storeys. A development permit was later issued granting approval for a dwelling on lot 3 to be developed to 10 metres in height, also.
The proposed height is considered reasonable and consistent with the existing development in the estate.
Storeys
The proposed detached house is defined as a 3 storey building at portions along the north and south elevations (figures 8 and 9).
Figure 8 - Three storey portions of the proposed dwelling (south elevation)

Figure 9 - Three storey portions of the proposed dwelling (north elevation)
The portions of the building that are defined as 3 storeys are resultant of the building stepping down the slope and the basement ceiling protruding more than 1 metre above the natural and finished ground level.
Considering the gradient of the site and the Planning Scheme prefers buildings to step down the slope rather than a significant cut and fill, the portions of the building defined as 3 storeys are considered minor overall and unlikely to appear dissimilar to the existing development within the estate.
The following condition is recommended:
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface. Except for the roof of bedroom 2 and 3 which must not exceed 8.1 metres above the finished ground level and the natural ground surface and the roof of the master bedroom and pool cabana which must not exceed 8.7 metres above the finished ground level and the natural ground surface, as shown on the approved plans.
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.
One Household Only
Probable Solutions S29.1 and S29.2 of the Detached House Code state with the exception of a compliant secondary dwelling, the Detached House contains no more than 1 kitchen and 1 laundry.
The proposal plans include a bar with a sink on the ‘Basement and Games Room’ floor. Considering the floor layout of the Detached House it is considered the bar will be used for private entertaining use only and no concern is raised.
The following condition is recommended:
One Household Only
The Detached House must contain no more than 1 kitchen and 1 laundry.
Driveway
As a courtesy, Council raised with the designer of the dwelling the potential concern of the driveway profile and garage approach. The designer suggested the driveway profile and garage approach was suitable and had been investigated prior to the submission of the subject application.
conclusion
The proposed detached house is generally consistent with the existing development within the Bayview Woods estate, responds well to the sloping site and will not dominate the streetscape or present bulky to neighbouring dwellings and is recommended for approval subject to reasonable and relevant conditions.
RECOMMENDATION
APPROVE WITH CONDITIONS
Application No RAP18/0051 for a Concurrence Agency Response for a Detached House situated at Bayview Woods 2/1-7 Bayview Rd Noosa Heads Qld 4567 as identified in the attached details recommended for the Decision Notice.
application details
Application No:	RAP18/0051
Street address:	Bayview Woods 2/1-7 Bayview Rd Noosa Heads Qld 4567
Real property description:	Lot 2 SP 116707
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The applicant seeks the following type of development approval:
Development Permit for Building Works (Detached House)
concurrence agency 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
A101		Site Plan, drawn by Collins Building Designs	03.12.2018
A103		Basement & Games Room Floor Plan, drawn by Collins Building Designs	03.12.2018
A104		Entry & Living Floor Plan, drawn by Collins Building Designs	03.12.2018
A105		Master Bed Floor Plan, drawn by Collins Building Designs	03.12.2018
A201		North Elevation, drawn by Collins Building Designs	03.12.2018
A202		East Elevation, drawn by Collins Building Designs	03.12.2018
A203		South Elevation, drawn by Collins Building Designs	03.12.2018
A204		West Elevation, drawn by Collins Building Designs	03.12.2018
A205		Sections 1 & 2, drawn by Collins Building Designs	03.12.2018
A206		Section 3, drawn by Collins Building Designs	03.12.2018
A207		Section 4 & 5, drawn by Collins Building Designs	03.12.2018
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface. Except for the roof of bedroom 2 and 3 which must not exceed 8.1 metres above the finished ground level and the natural ground surface and the roof of the master bedroom and pool cabana which must not exceed 8.7 metres above the finished ground level and the natural ground surface, as shown on the approved plans.
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 $2,000 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 retained as soft landscaping.
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 3 metres of the building footprint.
No tree clearing is approved outside of the site boundaries (Lot 2 SP116707).
Trees to be retained must be protected from clearing or 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.
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Stormwater
Stormwater must be discharged to the internal body corporate stormwater infrastructure.
One Household Only
The Detached House must contain no more than 1 kitchen and 1 laundry.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
rEPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.

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REFERRAL AGENCY (RAP) REPORT

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