Planning Report IDAS Forms Cover letter, Owner's consent, Appendices 2- PLM minutes & 3 - Economic Needs - Email 1 of 4 MCU16/0153 & REC16/0041

MATERIAL CHANGE OF USE TO ESTABLISH MULTIPLE HOUSING & VISITOR ACCOMMODATION
215 DAVID LOW WAY, PEREGIAN BEACH                                                                           42




       Figure 23 Stage 2 Building Height (Source: Sprout Architects)


147.     Despite the non‐compliance with Probable Solution S4.1, the proposed development provides an
         overall outcome similar to the current Court Order approval (Appeal 2587 of 2008), which does not
         negatively impact upon the amenity of the surrounding properties given the level of the subject site
         compared to surrounding properties and David Low Way, and the distance of the proposed building
         from nearby residential buildings.

148.     Further, as detailed above, the proposed development includes a variety of heights, with all proposed
         dwellings located along the sites boundaries being no higher than 7 metres (from finished ground
         level) or 2 storeys. The proposed development transitions in height from the boundary from 2 storeys
         to 3 storeys, with the existing Peregian Beach Hotel and Peregian Village Market screening the
         development, so that it is not visible from the David Low Way.

149.     Accordingly, the proposed development does not present any bulk or scale that will impact upon
         adjoining land uses, or the character of the surrounding area, due to the slope of the site away from
         David Low Way, which also prevents the proposed development being visually dominate at any point
         and prevents overshadowing or privacy impacts on communal areas and surrounding land uses.

150.     Accordingly, the proposed development complies with Specified Outcome O4 of the code.

5.5.1.3 Setbacks – Probable Solution S5.1
151.    The proposed development does not comply with Specific Outcome S5.1 of the Eastern Beaches
        Locality Code, as the proposed development does not comply with Council’s preferred setbacks for
        development within the Open Space Recreation Zone, where adjoining land within a residential zone.

152.     It is noted that the proposed development only seeks a setback relaxation for the eastern boundary,
         adjoining the Peregian Beach Hotel, with the development providing a setback of 3 metres, which
         does not comply with Council’s preferred setback between the Open Space Recreational Zone and the
         Semi‐Attached Housing Zone of 10 metres. Despite this, it is noted that the proposed Multiple
         Housing and Visitor Accommodation units is highly urban in nature and is reflective of development
         within the semi‐attached housing zone or the attached housing zone rather than the Open Space
         Recreational Zone, and the proposed setback is not out of character for the proposed and existing
         land uses.




THOMCO (NO 2087) PTY LTD
DECEMBER 2016