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response to further advice request 41 picture point · RAL22/0021

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22 March 2023


Nadine Gorton
Noosa Council
[email protected]



RE:      Response to Further Advice Request (RAL22/0021) Reconfiguring a Lot
         situated at 39-41 Picture Point Cres, Noosa Heads



Council issued a further advice request on 17 October 2022. The following additional
information provides a response to Council’s request items:

      1. Demonstrate how the proposal further reinforces the use of the site for
         Multiple dwellings.

      2. Demonstrate how the proposal further caters for the use of the site for
         Multiple dwellings as required under the Code.

Taking into consideration the recent decision by Judge McDonnell to approve a four lot
subdivision in Saini and Muhar as Trustees v Redland City Council [2022] QPEC 45 – the
judge considered whether the proposed development would result in appropriate lot sizes
and density for a similar code assessable application. The following response to Council’s
information request is set out to reinforce the original application material’s assessment of
the relevant assessment benchmarks for the code assessable application.

Assessment Provisions

 1.    As the development application is code assessable, section 45 of the Planning Act
       2016 prescribes the assessment must be carried out only:

         a) against the assessment benchmarks in a categorising instrument for the
            development; and
         b) having regard to any matters prescribed by regulation.

 2.    The decision making for code assessable development is subject to section 60 of
       the Planning Act 2016, which relevantly provides that:

            (2) To the extent the application involves development that requires
            code assessment...the assessment manager, after carrying out the
            assessment –

            a) must decide to approve the application to the extent 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;
Full text of the other 8 pages

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                     ...

           d) may, to the extent the development does not comply with some or
               all of the assessment benchmarks, decide to refuse the application
               only if compliance can not be achieved by imposing development
               conditions.”

 3.   As described in Brisbane City Council v YQ Property Pty Ltd [2020] QCA 253 - “The
      inter-play of sections 45 and 60 thus gives an assessment manager the discretion
      to approve an application notwithstanding inconsistency with the planning
      instrument”.

 4.   The Development Application is subject to assessment against the following codes:

       Noosa Heads local plan code
       High Density zone code
       Reconfiguring a lot code
       Works codes

 5.   Section 5.3.3 of The Noosa Plan provides Code assessable development:

       a) is to be assessed against all the assessment benchmarks identified in the
          assessment benchmarks column;
          …
       c) that complies with the performance or acceptable outcomes complies with the
          purpose and overall outcomes of the code;

 6.   In the case of Fort Street Real Estate Capital Pty Ltd v Redland City Council [2020]
      QPEC 59 the judge notes the appellant is only required to demonstrate compliance
      with the purpose and overall outcomes within the relevant codes. If the development
      application complies with the purpose and overall outcome of a particular code,
      compliance with the performance outcomes and acceptable outcomes need not be
      demonstrated.

Relevant Assessment Benchmarks

 7.   The Noosa Heads Local Area Plan Code includes generic provisions regarding
      built form and specific sites, with no mention of the High-Density Residential Zone
      development. The proposal meets all Performance and Acceptable Outcomes of the
      code.

 8.   The relevant Purpose and Overall Outcome provisions of the High Density
      Residential Zone Code relevant to the application is provided below.

           A. 6.3.3.2 Purpose and overall outcomes - The purpose of the High
              density residential zone is to provide for:

                    a) high density multiple dwellings; and
                    b) community uses, and small-scale services,           facilities   and
                       infrastructure, to support local residents.

           B. The relevant overall outcomes sought for the High-density residential zone
              are as follows:
                        …
              b) The character of high density residential neighbourhoods varies due to
                  factors such as proximity to beaches, the Noosa River, centres,
                                                                             Page 2 of 9

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                  topography, availability of views, the established vegetated character,
                  the age of development and open space provision.
             c)   The     distinct    look     and     feel     of   existing   residential
                  neighbourhoods is retained, and development makes a positive
                  contribution to the streetscape by maintaining the predominant
                  character of the area and providing well designed buildings and
                  landscaping.
             d)   New uses are located, designed and managed to be compatible with
                  surrounding uses.
             e)   The intrusion of incompatible uses, or uses which are more
                  appropriately accommodated in other zones is avoided to protect land
                  for higher density attached housing.
             f)   Multiple dwellings of various sizes and some communal housing
                  models, to the exclusion of dual occupancy and dwelling houses, are
                  provided to meet the needs of different households.
                  …
             k)   Development maintains a high level of residential amenity having
                  regard to traffic, noise, dust, odour, lighting and other locally specific
                  impacts.
                  …

         C. Performance Outcomes PO1 - Development provides for higher density
            multiple dwellings in a range of dwelling sizes and styles, which meet the
            needs of current and future resident populations including small
            households, older persons, people on low incomes and people with special
            mobility needs.


9.   The relevant Purpose and Overall Outcome provisions of the Reconfiguring a Lot
     Code relevant to the application is provided below.

         A. 9.5.1.2 Purpose and overall outcomes - The purpose of the Reconfiguring
            a lot code is to ensure that development:

                   a) results in lots that are appropriate for their intended use;
                   b) contributes to a high standard of amenity;
                   c) results in lots that are consistent with the desired character of the
                      local area ensuring high quality urban design outcomes;
                   d) is responsive to site constraints;
                   e) maintains or improves environmental values and avoids adverse
                      off-site environmental impacts;
                   f) provides lawful, safe and practical access arrangements; and
                   g) provides infrastructure and services to new lots.

         B. The overall outcomes sought for the Reconfiguring a lot code are:
                a) Development provides for lots that are of a size and have
                   dimensions that are appropriate for their intended use and are
                   consistent with the sizes of surrounding lots.
                    …
                d) Provides for a diverse mix of residential lot sizes and
                   configurations to cater for different housing options.

         C. Performance Outcomes PO5 – New lots have areas and dimensions that:
                a) are consistent with the purpose and overall outcomes of the
                   applicable zone or zones;
                b) are consistent with the size and character of surrounding lots;

                                                                               Page 3 of 9

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                  c) can accommodate land uses that are consistent with the purpose
                      and overall outcomes of the applicable zone;
                  …
                  h) except where otherwise specified in a local area code, comply with
                     the minimum lot size specified in Table 9.5.1.4 Minimum Lot Size
                     and Dimensions.

Size of surrounding lots

 10. The character of the high density residential neighbourhoods in the Noosa Heads
     Locality varies depending on the topography, access to views and water.

 11. As can be seen in Figure.1 – The site is surrounded within a 400m radius by a
     mixture of dwelling houses on the waterfront at Witta Circle, as well as dwelling
     houses with access to views along Natasha Ave; Angler Ave, Attunga Heights and
     Upper Hastings Street. Exclusive visitor accommodation sites are surrounding
     leading down to the Tourist Accommodation area of Hastings St; Multiple Unit sites
     are also located throughout the locality including the southern side of Picture Point
     Cres.




     Figure 1 – Zoning Map of 400m surrounding the subject site. The surrounding land
     uses are included on the map including ‘h’ – houses; ‘mu’ – multiple housing; and
     ‘va’ – visitor accommodation.

 12. Figure 2 shows the different lot sizes in Pitcure Point Crescent ranging from 544m2
     (with 3 multiple dwelling units) to 3,462m2 (with 21 multiple dwelling units). What is
     also apparent in the analysis of the lot sizes and the number of units is that the
     smaller lot sizes are just as readily capable to cater for the same density of units
     than the larger sites. The average of all the lots with multiple dwelling units in the
     area surrounding Picture Point Crescent is 198m2 per unit.




                                                                              Page 4 of 9

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     Figure 2 – Zoning Map of 100m surrounding the subject site. The surrounding land
     uses are included on the map including dwelling houses and multiple units with lot
     sizes and avg areas per unit compared to the lot size.


 13. Although the Development Application does not satisfy the quantitative requirements
     of PO1 of the HDR Zone Code, the size of surrounding lots comprises a range of
     sizes, including lots less than 1,200m² in the HDR zone (including 3 units on a lot
     size of 544m2).

Residential character

 14. The character of the high-density residential neighbourhoods varies in the Noosa
     Heads Plan area due to factors such as proximity to waterways, centres, topography,
     availability of views and the age of development. The Picture Point Terrace high
     density zoned area has access to views north over Cooloola from its topographical
     location above the Hastings Street tourist centre.

 15. The Overall Outcomes seek for new uses to be compatible with surrounding uses,
     and the intrusion of incompatible uses, or uses which are more appropriately
     accommodated in other zones is avoided to protect land for higher density attached
     housing. The proposed subdivision into two 723m2 lots allows for 3 or more
     Compatible multiple units to be constructed on each of the new lots – consistent
     with the residential character and other sites along Picture Point Crescent.




                                                                            Page 5 of 9

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16. The proposed subdivision retains the distinct look and feel of the existing residential
    neighbourhood. Future development proposals for consistent code assessable
    compatible multiple dwelling units on each of the sites may be lodged over the new
    lots. Development controls on new built form developments will ensure future
    development makes a positive contribution to the streetscape. A built form analysis
    of a generally compliant building design on each of the lots is provided in Figure. 3
    - consistent with the residential characteristics of other unit developments along
    Picture Point Crescent.




    Figure 3 – Built form analysis for a compliant Gross Floor Area development on
    each 725m2 site (avg. unit size for 3 units would be 187m2 pre unit – depending on
    parking, stairs, outdoor living space and the like).

17. The reconfigured lots are an appropriate size to allow for multiple units to be built on
    each site. Each site allows for higher density multiple dwellings with a range of
    dwelling sizes and styles (depending on the future developers priorities).
    Furthermore, the development will not impact upon the sense of high-density
    residential character experienced by immediately adjoining neighbours.

18. The proposal is for a code assessable development application that results in lot
    sizes consistent with the residential character and community expectations.
    Furthermore, the application has been lodged with Council for over 6 months and
    there have been no submissions made by residents regarding the submission of the
    application.

19. The proposed development meets all Purpose and Overall Outcomes of the relevant
    codes, and be approved subject to the following grounds:

          A. The development positively contributes to the diversity and mix of lot sizes
             and housing choice in the Noosa Heads Locality.
          B. The proposed development is consistent with the density and character,
             and thus the pattern, of the surrounding established neighbourhood.
          C. The proposed development will create lots that are of sufficient size to
             accommodate a multiple dwellings (3 or more).
          D. The proposed development will not result in unacceptable adverse impacts
             on residential amenity;

                                                                               Page 6 of 9

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   3. Provide documentation that the area was lawfully cleared in accordance
      with the Noosa Plan.

   4. Provide a Bushfire Management Plan that details the required setbacks to
      the pre-cleared vegetation for the existing dwelling.

   5. Provide a plan detailing proposed building envelopes for the site that with
      regard to bushfire hazard.

Please find attached the detailed further advice response by Urban Catalyst 3 dated 28
November 2022 addressing the requirements of the exempt clearing works for bushfire
protection under the Planning Regulation 2017, Nature Conservation (Protected Plants)
Regulation 2020, Vegetation Management Act 1999 and The Noosa Plan 2020.

   6. Provide a preliminary stormwater management plan for the site. The plan
      must be prepared by a Registered Professional Engineer of Queensland
      and consider the future construction on the site.

   7. Provide a geotechnical report that address the development of the site, the
      current soil conditions, the potential impacts of on-site disposal of
      stormwater and includes recommendations for the future development on
      the lots.

   8. Provide written advice from Unitywater in regard to their preferred option
      for the realignment of the sewer main.

Please see attached a Stormwater Management Plan, Geotechnical Report and
associated engineering plans which addresses items 6, 7 and 8 of the information request.




Figure 4 – Illustrative depths for piled footings.




                                                                            Page 7 of 9

Page 8

Figure 5 – Stormwater Management Plan.

The engineering plans include a “Sewer and Water Connection Plan” (drawing no. C400)
demonstrating the proposed sewer realignment that is expected to acceptable to
Unitywater. Coveys is accredited as a Major Certifier under Unitywater’s A&C system.
This application for sewer realignment is currently lodged and will take over 2 months for
approval.




Figure 6 – Water and sewer connection layout.


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                                                                                                      Page 8 of 9

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Pursuant to the Development Assessment Rules, the applicant has given the assessment
manager the information requested. Please continue with your assessment in accordance
with the DA Rules. If you have any further queries in relation to the above, please do not
hesitate to contact myself.

Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227




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