132003.221152.5 Change To An Existing Approval For Material Change Of Use For A Dwelling To Include An Unroofed Deck And Retaining Wall Additions At 12 Park Road, Noosa Heads

132003.221152.5 CHANGE TO AN EXISTING APPROVAL FOR MATERIAL CHANGE OF USE FOR A DWELLING TO INCLUDE  AN UNROOFED DECK AND RETAINING WALL ADDITIONS AT 12 PARK ROAD, NOOSA HEADS

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / 132003.221152.5

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	G. Woolley C/ Martoo Consulting
Proposal	Change to an Existing Approval
Properly Made Date	20 May 2016
Information Request Date	1 June 2016
Information Response Date	15 July 2016
Decision Due Date	15 September 2016
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	12 Park Road, Noosa Heads
RP Description	Lot 54 RP 52918
Land Area	794m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached Housing
Overlays	Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Medium Bushfire Hazard
Assessment Type	Change to Approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning and Environment Committee dated 6 September 2016 regarding Application No. 132003.221152.5 for a request to change a Development Permit for Material Change of Use for a dwelling house to include a retaining wall and unroofed deck, situated at 12 Park Road, Noosa Heads and:
A.	Approve the change with additional Conditions 47, 48, 49, 50, 51 and 52 being included as follows:
Additional Conditions September 2016
47.	Development undertaken in accordance with this approval must 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
MB_12PR_01	F	Cover Sheet, prepared by Myles Baldwin Design	08.07.16
MB_12PR_02	F	Landscape Plan, prepared by Myles Baldwin Design	08.07.16
MB_12PR_03	D	Elevation / Section, prepared by Myles Baldwin Design	08.07.16
MB_12PR_08	B	Sewer Setback Detail, prepared by Myles Baldwin Design	08.07.16
MB_12PR_09	B	Existing Plants, prepared by Myles Baldwin Design	08.07.16
48.	The Approved Plans must be amended to incorporate a minimum 2 metre setback for all structures to the Park Road boundary. The amended plans must be submitted to Council prior to the issue of any Development Permit for Operational Works*. *(Refer to Advisory Note)
49.	The 2 metre setback must be densely landscaped in accordance with Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and an Operational Works Approval and must in particular include:
a.	existing native trees including but not limited to trees 61, 62, 181, 171 and 175 retained in accordance with an Arborist Report prepared by a suitably qualified person.
b.	under storey plants that grow to a minimum height of 4m
c.	four (4) 100lt endemic native trees planted at equal spacing along the length of the structure.
50.	Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
51.	The works must comply with the terms of Easement B on RP 177551.
52.	The works must be carried out generally in accordance with the Construction Management Plan, prepared by TOD Engineers and Project Managers, dated July 2016 and the Slope Stability Assessment – Proposed Deck, Project No. 16072-001-Rev0, prepared by Tectonic Geotechnical & Environmental Engineers, dated 14 April 2016.
B.	Advise the applicant to cease pruning the trees in the road reserve in front of the subject site.

REPORT
PROPOSAL
The proposal seeks changes to the development approval for a detached house to include a retaining wall and an unroofed deck with a zero boundary setback to Park Road. The height of the new deck is up to 4.5m above the natural ground level and extends from an existing level turfed pad to the Park Road boundary. The deck addition is approximately 78m² and is a suspended concrete structure supported by concrete columns set back approximately 2m from the edge of the structure. Soil and turf is proposed on top of the concrete structure and an ‘up-stand’ edge, which supports the glass balustrade, is proposed to be stone clad. Figure 1 below shows the structures location and Figures 2 and 3 show construction details of the proposal. Figure 4 shows the existing turfed area.

Figure 1 – Deck location

Figure 2 – Cross section

Figure 3 – Detail of up-stand beam, soil structure and drainage.

Figure 4 – The existing level turfed area and deck location
site details
Background
The Planning Scheme limits dwelling houses on 6 – 14 Park Road to a maximum gross floor area of 150m². This maximises the retention of vegetation on Noosa Hill and maintains a green back drop to Noosa Main Beach.

On 29 October 2004 Council issued an approval for a dwelling. The following changes to the approval have been issued:

9 October 2006 - allowed a tree to be removed
9 August 2006 - permitted the sewer and stormwater lines to discharge to Park Road rather than to Allambi Rise
27 September 2007 - approved a 50m² extension to the dwelling.
Site Description
The site contains an existing dwelling nestled amongst the vegetated steeply sloping lot (approx. 30% slope). Vehicle access is from 9 Allambi Rise via an access easement. Figure 5 shows an aerial view of the subject site.

Figure 5 – Aerial view
Surrounding Land Uses
Immediately to the north is a detached dwelling accessed from Allambi Rise. Further to the north with frontage to Park Road are units that are considerably elevated above Park Road and accessed from an Allambi Rise ‘service’ road.

Immediately to the south is a detached dwelling owned by the applicant. This dwelling has direct vehicle access to Park Road from a basement garage which is within the Park Road setback area. Further to the south are detached dwellings, unit blocks and mixed uses fronting Hastings Street.

To the west across Park Road is Noosa Main Beach and units fronting the beach.
assessment
Instruments for Statutory Assessment
The proposed change to the development approval requested by the applicant is considered to constitute a permissible change because:
The change would not result in a substantially different development as there is no change to the approved use onsite;
The change would not trigger a new referral to the State Assessment and Referral Agency;
The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the request.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
The subject site is located in the Noosa Heads Locality and is zoned Detached Housing. The dwelling and associated buildings and structures are identified as a consistent use within the zone.
Land Use & Works Provisions
The proposal is subject to the Building Works Code. The proposal generally complies with the provisions of the Code except for setbacks. The applicant seeks a zero boundary alignment for approximately 13m and therefore does not comply with the required 6m setback set out by Probable Solution S1.1 of the Code.
Therefore the proposal must be assessed against the corresponding Specific Outcome O1 which reads:
O1	Buildings and other structures are appropriately designed and sited to—
a)	provide amenity for users of the premises as well as preserve the visual and acoustic privacy of adjoining and nearby land uses;
b 	preserve any existing vegetation that will buffer the proposed building from adjoining uses;
c)	allow for landscaping to be provided between buildings;
d)	maintain the visual continuity and pattern of buildings and landscape elements within the street;
e)	for class 10a structures, do not visually dominate the street;
f)	avoid any significant adverse impacts on the natural values of watercourses and their foreshores, including those of the Noosa River and its lakes; and
g)	do not interrupt the natural cycles of erosion and accretion of watercourses and foreshore areas
A 0.72m stone clad up-stand faces Park Road at a height varying from 1m to 4.5m above the natural ground level. Exotic dwarf palm species and 2 small immature native trees (Acema hemilampra and Endiandra sieberi) are proposed to be removed for the construction of the structure. Figure 6 below shows the elevation presenting to Park Road and Figure 7 shows the proposals approximate level.

Figure 6 – Elevation facing Park Road

Figure 7 – The red line is the approximate height and location of the deck. The photo is taken from Noosa Main Beach.
The proposal does not retain any vegetation that would sufficiently screen the structure and does not allow for landscaping (being built to the boundary) between the development and the boundary. Landscaping is proposed beneath the structure which is unlikely to do well, and will not provide visual screening. Without adequate screening there is potential to negatively impact on the visual amenity of the area. The road reserve is well vegetated and would provide some visual buffer, but it is not appropriate to rely upon road reserve vegetation to buffer development, as this vegetation may need to be cleared for future works. The proposal for a zero setback to Park Road is considered to conflict with Specific Outcome O1 and is not supported.
Given structures are located within the 6m setback adjoining at 10 Park Road and nearby at 6 and 8 Park Road and 81 Hasting Street, it is recommended the structure be setback a minimum of 2 metres, generally consistent with these existing structures. This will provide sufficient area for landscaping within the site, retain some small native trees, maintain the established pattern of built form setbacks in Park Road and protect Noosa Hill’s green back drop.
The structure is proposed partially within an easement which runs along the northern boundary of the site and of 9 Allambi Rise and is for ‘right of way’. A condition is recommended to ensure the works are permitted under the terms of the easement.
Overlay Provisions
Natural Hazards Overlay Code – Landslide Hazard is applicable to this application.
The applicant has provided a geotechnical report, engineering design and a construction management plan that demonstrates the site is safe from landslide during and after construction and can be constructed with minimal impediment to traffic on Park Road.
Other Planning Matters
The applicant has pruned the canopy of trees in the road reserve for views to Laguna Bay (as seen in Figure 7 above). It is recommended the applicant be advised to stop pruning the vegetation in the future.
cONSULTATION
Other Referrals
The application was forwarded to Unitywater and the following internal Council specialists:
Engineering Officer
Their assessment forms part of this report.
conclusion
The proposal is considered not to meet Specific Outcome O1 of the Building Works Code as the proposed zero setback to Park Road does not allow landscaping within the site to sufficiently screen the class 10a structure. The under floor landscaping proposed, will not provide screening to effectively maintain the green back drop of Noosa Hill that The Noosa Plan seeks to protect. However, should the proposal be setback a minimum of 2m, this would be consistent with the established setbacks nearby and provide sufficient space for landscaping within the site to provide screening. A condition is therefore recommended to setback the structure 2m from the Park Road boundary and the application is recommended for approval on that basis.

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 SEPTEMBER 2016

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY

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Edge of proposed deck Existing level pad
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Approximate level ai
location of the deck