Delegated Report - Code - Planning MCU21 0034

Author	Consultant Planner
Assessment Manager		Lisa Pienaar, Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0034
Applicant	Mixhill Pty Ltd
Proposal	Material Change of Use - Dwelling house
Properly Made Date	1 March 2021
Information Request Date	22 March 2021 and Further Advice 7 May
Information Response Date	4 May 2021 and 28 June 2021 for further advice
Decision Due Date	14 July 2021
Report Completed Date	9 July 2021
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	8 Tristania Dr Marcus Beach Qld 4573
RP Description	Lot 100 M 11112
Land Area	632 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Land Subject to Acid Sulfate Soils – Above 5 AHD (Area 2) Coastal Protection Overlay Map – Coastal Protection and Scenic Amenity
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house in the Coastal Protection overlay area.  The proposed dwelling is a 2-storey dwelling that includes a 4-car garage, 4 bedrooms, 3 bathrooms, kitchen and associated living areas. A pool and alfresco dining area are also located at the rear of the dwelling.
The locality and proposal plan are included below.

Figure 1 – Locality
Figure 2 – Site Plan

Figure 3 – Lower Level Floor Plan

Figure 3 –Upper Level Floor Plan
Figure 5 – East and West Elevations

Figure 5 – North and South Elevations
site details
Site Description
The site is a corner allotment with three road frontage and area of 631m2.  The site is currently vacant, and includes native vegetation sloping away from David Low Way to the Tristania Road frontage.
Surrounding Land Uses
The area is characterised by a mix of dwelling houses and duplex / unit developments.
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:
Medium Density Residential Zone Code;
Low Density Housing Code;
Coastal Protection Overlay Code
The subject site is located in Marcus Beach and is zoned Medium 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 metres	8 metres	7.17 metres	
Site cover	40% max	39.84 %	
Gross floor area or Plot ratio	253 m² max <0.4:1 max.	252m² <0.4:1	
Boundary setbacks Frontage Side Side Rear	6 metres min (Tristiana Frontage) 1.5/2./2.5 metres 6 metres min (Toona frontage) 6 metres min (David Low Way frontage)	6.6 metres 1.94 metres in lieu of 2m 2 metres 5.27 metres	X X X
Length of wall	15 metres max	13.66 metres	
Landscaped open space Soft landscaping	126 m² min < min 20% of total	140 m² 22%	
Carparking	2 covered min	4 covered	
Setbacks
PO12
Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important area such as national parks, waterways and wetlands.

Rear Setback
The proposed building is setback 5.27m from the outermost projection of the western façade of the dwelling to the rear boundary.  The rear boundary has frontage to David Low Way and therefore a 6m setback is required (as the acceptable solution).  The reduced setback of 5.27m will not have any impact on adjoining premises as adequate separation is maintained to adjoining land uses and it is a small portion of the building with the remainder at 6 metres setback.  The road verge at the rear boundary is approximately 5m wide and is heavily vegetated resulting in vegetated buffer between the boundary of the site and the road.  The minor encroachment of 80cm will not impact on amenity, is consistent with the character of the surrounding area, and allows space for landscaping to be provided.   Therefore, the proposal is considered to comply with PO12 in relation to rear boundary setbacks.
Side Setbacks
The proposed development is setback 1.94m to the northern side boundary.  The minor encroachment (6cm) will have no impact on adjoining land uses as the neighbouring site is currently vacant and maintains space to allow for landscaping along the boundary.
The southern side boundary is a frontage boundary and requires a setback of 6m to the Toona Road frontage.  The proposal includes a 2m setback it is outermost projection while maintaining an average of 3.5m setback to the main façade of the dwelling.  The proposed setback does not obstruct any views and provides adequate distance from the closest residence across Toona St.   The setback is consistent with the only other residence in Toona Street (10 Tristania) which also has a reduced setback of 3.5m to the Toona Street frontage.  Adequate space is available for landscaping.
The proposal is therefore considered to comply with PO12 in relation to the side boundary setbacks.
Coastal Protection & Scenic Amenity Overlay
The proposal complies with the Coastal Protection and Scenic Amenity Overlay Code. The Building is setback 6m from the front seaward boundary and is mapped outside the erosion prone area.  Conditions are recommended in relation to landscaping and colour scheme that ensure compliance with intent of the code.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency as the subject site is located within an area with potential for unexploded ordinances, and therefore the application required referral to SARA for assessment against the State Development Assessment Provisions (SDAP) v2.6, State Code 13: Unexploded ordnance (State Code 13)
The Department has responded advising that the application can meet the performance outcomes of State Code 13, subject to a condition of approval to ensure the development is managed in a manner that protects human safety and the environment.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Department - Conditions recommended for approval.
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 MCU21/0034 for a Material Change of Use - Dwelling house situated at 8 Tristania Dr Marcus Beach Qld 4573 and described as Lot 100 M 11112, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0034
Street address:	8 Tristania Dr Marcus Beach Qld 4573
Real property description:	Lot 100 M 11112
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 - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
20042 SK01	F	Site Plan, prepared by Zest Design Noosa	23-06-21
20042 SK.02.0	F	Master Plan – Level 1, prepared by Zest Design Noosa	23.06.21
20042 SK.02.1	F	Master Plan – Level 2, prepared by Zest Design Noosa	23.06.21
20042 SK.02.2	F	Elevations, prepared by Zest Design Noosa	23.06.21
20042 SK.02.3	F	Elevations, prepared by Zest Design Noosa	23.06.21
20042 SK.02.4	F	Site Section, prepared by Zest Design Noosa	23.06.21
Currency Period
This development approval lapses if the use has not happened by 9 July 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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 mix of native landscaping, such as ground covers, shrubs and trees, is provided for a width of 5 metres from the seaward or front boundary of the site.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species as per Table 3.1 & 3.2 of PSP2 Landscaping for suitable coastal species.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Site Access and Driveways
A sealed access driveway must be provided from Tristania Drive to all 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 Drawings RS-049 and RS-050 and any associated addendum.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Slope Stability Assessment Project No: 21054-001-Rev 1 prepared by Tectonic Geotechnical & Environmental Engineers dated 7 April 2021.
Prior to the commencement of the use 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 Slope Stability Assessment Project No: 21054-Rev 1 prepared by Tectonic Geotechnical & Environmental Engineers dated 7 April 2021.
*(Refer to advisory Note)
Earthworks and Retaining Walls
Earthworks carried out on site must not impact on the stability of adjoining lands and/or structures and/or services and/or vegetation
All earthworks and associated batters/retaining structures, both above ground and below ground level, temporary or permanent, must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017)	The agency provided its response on 24.03.21(Reference No. 213-21621SRA. A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
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.
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 to discuss any obligations under the ACH Act.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
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.

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	Site Access and Driveways
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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