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planning report 12 wyandra

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          Development Application Planning Report

Material Change of Use for Dual Occupancy, associated Operational Works
          and Reconfiguring a Lot (1 lot into 3 community title)
              situated at 12 Wyandra Street, Noosa Heads
                          (Lot 43 on RP139776).




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Contents
Development Application Planning Report ..................................................................................... 1
1.0      Summary ............................................................................................................................. 3
  1.1        Development application details ...................................................................................................3
  1.2        Planning instrument details ..........................................................................................................3
  1.3        Referral agencies ..........................................................................................................................3
2.0      Site details ........................................................................................................................... 4
  2.1        Site description ............................................................................................................................4
  2.2        Surrounding land uses ..................................................................................................................6
3.0      Proposed development details ............................................................................................. 7
4.0      Planning assessment .......................................................................................................... 10
4.1      Technical Compliance ........................................................................................................ 10
4.2      Building Design .................................................................................................................. 11
4.3      Setback.............................................................................................................................. 11
4.4      Sustainable Building Design Code....................................................................................... 13
4.5      Reconfiguring a lot (1 lot into 3 lots) .................................................................................. 14
4.6      Works and Overlay Codes .................................................................................................. 14
5.0      State assessment and other matters................................................................................... 15
5.1      State interests ................................................................................................................... 15
      Matters established in the Planning Regulation ........................................................................................... 15
      State Planning Policy..................................................................................................................................... 15
6.0      Conclusion ......................................................................................................................... 16




Client Name: Integra Partnerships
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:     1
Date:        30 September 2022




This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local
Government and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses
the key issues and matters where a proposed development does not exactly meet the requirements of, or
conflicts with, a planning scheme or other planning instrument.


Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no
responsibility for decisions or actions taken as a result of any data, information, statement or advice, expressed
or implied, contained within. To the best of our knowledge, the content was correct at the time of publishing.



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1.0      Summary

1.1           Development application details

 Proposed development:          -   Dual Occupancy;
                                -   Associated Operational Works; and
                                -   Community title subdivision.
 Type of approval         Development Permit for Material Change of Use
 sought:                  Development Permit for Operational Works (Engineering,
                          Landscaping, Stormwater, Driveway and access and earthworks)
                          Development Permit for Reconfiguring a Lot (1 lot into 3 lots)
                          community title
 Site address:            12 Wyandra Street, Noosa Heads
 Real property            Lot 43 RP139776
 description:
 Site area:               761.72m2
 Assessment manager:      Noosa Council
 Cultural Heritage and    Kabi Kabi First Nation Traditional Owners Native Title Claim Group
 Native Title:            - There are no Aboriginal or Torres Strait Islander cultural heritage
                          sites identified on the DATSIP database pertaining to this location.
 Owner details:           Fay Hanley
 Applicant details:       Integra Partnerships c/- Pivotal Perspective Pty Ltd



1.2           Planning instrument details
 State planning policy:   State Planning Policy 2017
 Regional plan:           SEQ Regional Plan 2009–2031 (version commenced 2 May 2014),
 Designation:             urban footprint designation.
 Planning scheme:         The Noosa Plan 2020
 Zone:                    Medium Density Residential zone
 Level of assessment:     Code
 Applicable overlays:     Nil
 Applicable codes:        Noosa Heads Local Plan Code
                          Medium Density Residential Zone Code
                          Dual Occupancy and Multiple Dwelling Code
                          Works codes
                          Reconfiguring a Lot Code



1.3           Referral agencies

Nil


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Page 4

 2.0 Site details

  2.1           Site description
Table 1: Site description
 Site                                                            Description
 characteristic

 Existing land use             Dwelling house

 Frontage and                  29.434m to Wyandra Street
 access

 Topography and                A natural slope to the west around 2° - 5° with a little steeper in the south
 views                         west corner.

 Existing vegetation           Scattered urban garden vegetation which will be removed as part of the
                               development works.




Figure 1 - Aerial view and site identification




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Page 5

Figure 2 - View from Wyandra Street




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Figure 2 - View from Wyandra Street

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 2.2          Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

   North       Units and Noosa Junction

   South       Dwelling

    East       Dwelling to be demolished – Dual occupancy

   West        Dwelling




Figure 3 - Zone map




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3.0      Proposed development details
Table 3: Summary of development aspects
 Material change of use

 Building height               7.95m

 Gross floor area (GFA)        0.4:1

 Site coverage                 40%

 Car parking                   4 spaces

 Site access                   Wyandra St



The application proposes a dual occupancy, with the following features:
   •   Asymmetrical building design;
   •   Living spaces and garaging on the ground floor;
   •   3 bedrooms plus small living/bedroom area on the upper level;
   •   Appearance of 2 separate dwellings when viewed from the street;
   •   Coastal architectural design feel including vertical and horizontal finishes, weatherboard
       products and masonry finishes,
   •   Articulated elevations;
   •   Privacy between dwellings and neighbouring properties;
   •   Double garages separated by 3.39m;
   •   Large courtyards with covered BBQ and open space;
   •   Generous private open space and substantial landscaping.
   •   Good presentation to the frontage with significant landscaped setbacks, front boundary fence
       setbacks and articulated coastal design.
   •   Approval also sought for Operational Works (Landscaping, Access, Car parking, Earthworks,
       Stormwater)
   •   Reconfiguring a lot (1 lot into 3 lots ) for community title.


A copy of the proposed site plan and 3D perspectives are included below.




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Figure 4 - Proposed Site Plan




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Figure 4 - Proposed Site Plan

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Page 9

Figure 5 - Wyandra Street frontage




Figure 6 - South elevation of unit 2




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Figure 6 - South elevation of unit 2

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Page 10

 4.0 Planning assessment

 4.1 Technical Compliance
The proposed dual occupancy meets the relevant key technical provisions of the Medium Density
Residential and Multiple Dwellings Codes, as described below, with further discussion provided against
the relevant Performance Solution thereafter.


  Criteria         The Noosa Plan 2020               Proposal                         Compliance
  Site Details     12 Wyandra St – 761.84m2
  Height           8m and 2 storeys                  8m and 2 storeys                 Y
  Site Cover       40% overall                       39.99%                           Y

  GFA           0.4:1 (304.73m2)                     0.4:1 (304.66m2)                 Y
  Private  Open Ground Level (25m2)                  >25m2                            Y
  Space
  Setbacks      Frontage
                - North (6m)                         6m                               Y

                    Side
                   - East (1.5m – 2m)                2m / fence >2m in height 0m      Y / PO
                   - West (1.5m – 2m)                1.75m to BBQ wall                Y

                   Rear (6m)                         6m                               Y

  Wall length      <15m                             max 7.5m                          Y
  Garages          Garage doors facing the street Separated by 3.4m                   Y
                   are separated by 2m or staggered
  Roof Form        Rooftop Terrace                  N/A                               Y
  Landscaping      40% of site (304m²)              426m²                             Y


                   With 60% of this to be soft 213m² (70%) – more than 60% Y
                   landscaping (182m²)         soft
  Carparking       2 covered and 1 additional  4 covered spaces            Y
  Earthworks       Cut or fill less than 1.5m          <1.5m                          Y
  Waste Storage    Screened waste areas and Bin storage near garages of Y
                   located for transport to kerb with each unit and screened from the
                   grade of <1:15                      street
  Fencing          Setback an avg of 1m and Can be conditioned to comply              Y
                   articulated by stepping the design.




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Page 11

 4.2 Building Design
The proposed dual occupancy design is finished with an attractive built form which addresses the street
and contributes positively to the surrounding development on Wyandra Street. The design incorporates a
mix of materials to add visual interest and take the form of separate buildings in accordance with the
requirements of the Medium Density Residential Zone code. This is achieved through variations in front
façade and roof form.
More than 3m of separation is provided between the garages which is greater distance than the code
requires.
The design will be finished with high quality landscaping and useable communal and open space area. The
design contributes positively to the locality, enhances the streetscape, does not dominate the streetscape
and does not present as a large singly bulky development.
The proposal is fully compliant with all applicable Acceptable Outcomes except for the 2m wide fence
higher than 2m in line with unit 1building. A assessment is provided below.



 4.3 Setback
Fence setback
Unit 1 fence which runs from the edge of the garage to the boundary is 2m wide but 3.5m high in lieu of
the 2m set out by the Low Density Residential Zone Code and as shown in Figure 7 below.




Figure 7 - Red shade showing the setback encroachment


While the setback variation is considered extremely minor, an assessment against PO12 of the Medium
Density Residential Zone Code is provided below.

The relevant Performance Outcome is PO12 which is provided below for reference.




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Page 12

Building Setback
PO12
Buildings and structures are designed and sited to:
    (a) provide a high level of amenity to users of the subject site and adjoining premises, including
        provision of visual and acoustic privacy;
    (b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas
        of adjoining premises;
    (c) provide adequate distance from adjoining land uses;
    (d) preserve existing vegetation that will help buffer development;
    (e) 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;
    (f) be consistent with the predominant character of the surrounding area; and
    (g) protect the natural character and avoid adverse impacts on ecologically important areas such as
        national parks, waterways and wetlands.

The minor setback encroachment of the fence height to the eastern side of unit 1 fully complies with
PO12 for the following reasons:

   •   the fence is light weight and narrow;
   •   No views will be impacted;
   •   No overlooking will occur as it is a fence to provide privacy to the side court area of unit 1;
   •   No shading to the neighbouring properties will occur, as a narrow fence around 1.5m higher on the
       boundary will not shade beyond the 2m high boundary fence because of the orientation;
   •   The encroachment is minor in nature and is a fence.




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Page 13

 4.4 Sustainable Building Design Code
An assessment against the Performance Outcomes (PO8) of the Sustainable Building Design Code is
provided below


 Performance Outcome                 Comment
 orientates buildings and            The design of unit 1 includes a strategically located
 windows to make the most of         courtyard which opens to the living spaces and to the rear
 prevailing winds, natural           BBQ area and landscaped open space which allows good
 ventilation, and cross breezes;     flow through ventilation. Unit 2 has a full northern aspect to
                                     the POS, LOS and living areas allowing for cross flow
                                     ventilation.
 maximises shade to east and         Eaves and the upper floor act to shade walls and the design
 west walls;                         of the courtyard considers privacy and acts to shade that
                                     area.
 contains an open and                The courtyards open to the living spaces and then through
 permeable built form that           to the rear LOS which creates an inside outside feel to the
 connects indoor and outdoor         living areas.
 spaces in an integrated design;
 retains existing vegetation and     Although not proposing to retain trees, the design proposes
 natural shading where possible;     large plantings along the frontage of the site to allow for
                                     shading and a vegetated presentation to the street. The
                                     proposal significantly exceeds the required landscaping and
                                     hence proposes extensive landscaping to court yards and
                                     LOS.
 incorporates                        The architecturally designed Dual occupancy faces north
 passive building design to          and has strategically placed openings, masonry walls and
 reduce the need for auxiliary       LOS to help with thermal comfort. The orientation
 heating and cooling;                (north/south) design of the living spaces is so it can easily
                                     be kept warm in winter and cool in summer
 uses low toxic internal and         A mix of low toxic internal and external materials are
 external building materials;        incorporated for the construction which will ensure long
                                     lasting design that does not require regular maintenance.
 uses natural light rather than      Natural light is provided through the central courtyard and
 artificial light, and may include   windows to the ground level.
 skylights, atriums and light
 wells;
 provides a minimum floor to         The design proposes a 2.8m floor to floor distance which
 ceiling height of 2.7 metres; and   will allow ceiling heights to meet this provision.
 enables efficient operation and      The design allows for medium density living and privacy to
 use of the building.                each of the dwellings, while also allowing for users to easily
                                     flow between the main living and bedroom levels.




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 4.5 Reconfiguring a lot (1 lot into 3 lots)
The proposal seeks a community title subdivision for 1 lot per dwelling and a small Lot 0 of common
property. The proposal complies with the Performance outcomes PO27 – PO29 for the following reasons:
   •   The subdivision will occur once construction of the approved buildings is complete;
   •   The driveway and entry access are clear statements of design and
   •   The design provides amenity and convenience for the users;
   •   The dwellings are less than 100m to the Noosa Fair shopping centre where all services and
       facilities are located in Noosa Junction including to public transport;
   •   Is within a Medium Density Residential Zone;
   •   Appears as 2 dwellings to the street, not one large bulky dual occupancy;
   •   The proposal is only seeking a different tenure as in reality the building presents no different to a
       building unit format plan with exclusive use areas;
   •   The dwelling and carparking can be accommodated onsite. In fact, 1 additional car space is
       provided to that required by the code;
   •   Urban infrastructure will be provided;
   •   The proposal is in an urban environment and is not negatively impacting on any assessable
       vegetation;
   •   The lots are generally rectangular in shape; and
   •   The proposal complies with LOS and POS requirements of the code and therefore by default
       provides more than reasonable amenity for the residents.


 4.6 Works and Overlay Codes
 Approval is sought for Operational Works. RECOR provides engineering plans and a stormwater design.
 A landscaping plan is also provided as part of the proposal plans which includes landscaped area and
 some planting detail for screening vegetation along the side boundaries, front and rear setbacks.
 A slope stability report, prepared by Tectonic Geotechnical and Environmental Engineers is included as
 part of the documentation.
 In terms of the stormwater management RECOR concludes:
       The existing and proposed development site have been modelled for the critical design storm
       events for the site, which found attenuation would be required to reduce post development peak
       flows to pre-development levels. Provision of 2kL of attenuation storage per unit with a 43mm low
       flow orifice and 100mm high flow outlet was found to provide mitigate the development such that
       there will be no increase to existing peak flow discharges from the site for the modelled storm
       events.
       Run-off from the development will be managed through an internal drainage network of pits and
       pipes to capture and convey run-off to the lawful point of discharge from the development, being
       kerb adaptor outlets in the Wyandra Street frontage. Small amounts of upstream run-off, run-off
       from impervious areas and the mitigated roof run-off will be captured by inlet pits and discharged
       at the north-western corner of the site into the kerb and gutter drainage system.




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Page 15

5.0 State assessment and other matters

5.1 State interests
Matters established in the Planning Regulation
Nil
State Planning Policy


The SPP includes assessment benchmarks that may be applicable where a local government planning
scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately integrates all SPP
provisions, except for Natural Hazards, risk and resilience – coastal hazards – in part. The application
does not trigger assessment against the State Development Assessment Provisions for coastal hazards.




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Page 16

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use Dual Occupancy,
associated Operational Works (Landscaping, Access, Car parking, Earthworks, Stormwater) and
Reconfiguring a lot (1 lot into 3 lots) for community title, situated at 12 Wyandra Street, Noosa Heads.
The use is a consistent code assessable development within the Medium Density Residential
Housing Zone. The assessment finds the design meets the relevant Acceptable and Performance
Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
          (a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan
              2020); and
          (b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—

      (a) must decide to approve the application to the extent the 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; and
Examples—
                   1        An assessment manager may approve an application for development that does not comply
                            with some of the benchmarks if the decision resolves a conflict between the benchmarks.
                   2        An assessment manager may approve an application for development that does not comply
                            with some of the benchmarks if the decision resolves a conflict between the benchmarks and
                            a referral agency’s response.
      (c) may impose development conditions on an approval; and
      (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to
          refuse the application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses or works that
are the natural and ordinary consequence of the development, but does not have the effect of changing the type of
development applied for



The assessment finds the development generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.




                                                                                                         Page 16 of 16

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