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