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Planning Report

Attached to the e-mail MCU15/0069 Development Application - 39 Duke St Sunshine Beach.

of 32

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KHA DEVELOPMENT MANAGERS – 15230                                                                     July 2015



This results in an averaging of the required setbacks which we understand Council has previously accepted
for three storey residential developments.

Required side setbacks, based on a wall height of 11m, varies from 1.5m to 3m. The north-western side
boundary setbacks vary from 2m to 3m and the north-eastern side setbacks vary from 1.2m to 2m. While
these setbacks do not fully comply, they generally comply and with the wall length articulation provided,
result in an acceptable setback solution. A reduced setback of about 1.2m is proposed for the ground level
garage to the north-eastern boundary. As the wall height of the garage is only 2.4m, and can be screened
by existing and proposed boundary vegetation, it is not considered this reduced setback will result in any
detrimental impact on the adjoining property.

Although not strictly complying with the required side boundary setbacks, we note that the proposed
setbacks are generally consistent with the side boundary setbacks of adjoining development. The proposal
presents attractive facades to adjoining development and includes a high level of articulation and a variety
of building materials and architectural treatments to break up any perceived building bulk.

In accordance with specific outcome O5 and in consideration of the above, the above noted setbacks are
considered to be adequate to provide amenity for occupants of the development and ensure amenity is
maintained for adjoining land uses; provide adequate distance from adjoining uses; allows for landscaping
to be provided between the proposed development and adjoining land uses; and will maintain the visual
continuity and pattern of buildings and landscape elements of the street. The setbacks comply with specific
outcome O5.

Eastern Beaches Locality Code – O13 – S13.1 – Slope

Alternative Solution: While the area of proposed proposed building has a slope of less than 25%, the
access driveway is on land with a slope exceeding 25%. Refer attached Traffic engineering advice from
RoadPro Development which confirms the suitability of the proposed driveway access.

Eastern Beaches Locality Code – O39 – S39.1 – Streetscape and Character

Alternative Solution: S39.1 specifies a maximum wall length of 15m. The north-western wall of the
proposed building is approximately 19m long.

The north-western wall of the proposed building presents an attractive facade and includes a high level of
articulation and a variety of building materials and architectural treatments to ensure visual interest, and
to break up any perceived building bulk in accordance with Specific Outcome O39.


7.5 PLANNING SCHEME CONFLICTS

The assessment of the proposed development against The Noosa Plan 2006 has determined that the only
potential conflict with the planning scheme is with specific outcome O7 of the Eastern Beaches Locality
Code in relation to site cover.

Eastern Beaches Locality Code – O7 – Site Cover

Specific Outcome O7 requires for the Attached Housing Zone that site cover does not exceed 35% in
Sunshine Beach or 40% otherwise. It is apparent that this is intended to limit the potential impact of
attached housing development within Sunshine Beach which has a 3 storey/12m height limit, compared to
other areas which have a 2 storey/8m height limit.

In this regard, the proposed development provides for a site cover of 35.9% for that part of the building
above ground level, with an exceedance at ground level for garage projection (26.90m2) which increases
the site cover to 39.7%. This 26.90m2 or 3.8% exceedance is considered minor and when the context of
the exceedance being largely limited to a ground level built form of less than 3m in height is taken into


Development Assessment Report                                                                    Page 12 of 15
Material Change of Use (Multiple Housing Type 2 Duplex)
39 Duke Street, Sunshine Beach (Lot 387 on RP48112)
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