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Amended Delegated Report - Code - Planning - MCU25 0101 (As Published)
Assessment
As shown on the east (street) elevation and sections, the proposed rooftop terrace is below the
maximum height of 8m above natural ground, and the design contributes positively to the skyline
and the surrounding character by screening the terrace from view from the street with solid
balustrading.
There are several other examples of development in the surrounding area that includes a rooftop
terrace, including a 2 storey house at 16 Kingfisher Drive; a 3 storey duplex at 20 Kingfisher Drive;
the 3 storey duplex neighbouring the site at 26 Kingfisher Drive; a 2 storey house at 32 Kingfisher
Drive; and a 3 storey house at 7 Pelican Street.
The terrace is setback more than 15m from the front boundary and is centrally located towards the
rear of the roof. The combination of the solid 1.2 metres balustrading and the over 4m setbacks
from the side boundaries will not create opportunities for overlooking to the private open of
neighbouring properties. It is noted that the side boundaries of the subject land do not interface
with the private open space areas of the neighbouring properties.
4. CONSULTATION
4.1. Referral Agencies
A SARA referral agency response – with conditions dated 25 September 2025 was received by
Council. The response conditioned that certification was to be submitted to SARA to confirm that
the subject site had been remediated and cleared of unexploded ordinances and the proposed use
can be suitably managed on the site.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
Council’s Senior Development Engineer has provided in an Internal Memo (ECM doc ref
24740636) their assessment and recommended conditions for the Decision Notice.
5. 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 MCU25/0101 for a Material Change of Use - Dwelling house
(Basement, Height & Setbacks & Demolition) situated at 28 Kingfisher Drive, Peregian Beach Qld
4573 and described as Lot 113 on P9311, it is recommended the application be approved in
accordance with the following details for the Decision Notice:
Page 11 of 20
Document Set ID: 24807636
Version: 2, Version Date: 20/05/2026
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