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planning report Krimmer - Change · 132004.240120.3
Development Application
Planning Report
Minor Change to Existing Approval (23814 DA)
(enclose side entry stairs)
situated at 26 Arakoon Cres, Sunshine Beach
(Lot 795/RP48111)
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Contents
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 ............................................................................................................. 5
3.0 Proposed development details .......................................................................................... 8
4.0 Planning assessment ....................................................................................................... 10
4.1 Minor Change Assessment ..................................................................................................... 10
4.2 Key issues ............................................................................................................................. 12
4.2.1 Building Works Code Compliance .................................................................................................. 12
4.2.2 Coastal Protection Overlay ............................................................................................................ 13
5.0 State assessment and other matters ............................................................................... 15
5.1 State interests ....................................................................................................................... 15
5.1.1 Matters established in the Planning Regulation ............................................................................ 15
5.1.2 State Planning Policy ..................................................................................................................... 15
6.0 Conclusion ...................................................................................................................... 15
Client Name: John Krimmer
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 1
Date: 22 July 2019
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
Type of approval sought: Minor Change to Existing Approval 23814 DA
(MCU for Detached House in Sand Dune Problem Area)
Site address: 26 Arakoon Cres, Sunshine Beach
Real property description: 795/RP48111
Site area: 607m2
Assessment manager: Noosa Council
Owner details: John Krimmer
Applicant details: John Krimmer c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: Nil
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014), urban footprint designation.
Planning scheme: The Noosa Plan
Zone: Detached Housing zone
Applicable overlays: Natural Hazards (Coastal Protection Area)
Applicable codes: Building Works Code
Natural Hazards (Coastal Protection Area)
1.3 Referral agencies
Nil – No development seaward of Coastal Building Line.
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use Detached House
Frontage and The site includes 13.5m of road frontage to Arakoon Crescent and is a
access rectangular shaped block with 18m of frontage to the Sunshine Beach coastal
reserve to the east.
The existing house is setback 10m from the eastern reserve.
Topography and The site slopes away from Arakoon Crescent to the rear of the property.
views
Existing vegetation There is no significant mature vegetation within the area of the proposed
additions.
Figure 1: Aerial Photo with coastal building line and Coastal Management District Mapping
Source: QLDGlobe
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Figure 2: Coastal Protection Overlay Mapping
Source: Noosa Council Mapping System
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North 28 Arakoon Cres – Detached house constructed circa 1994
South 24 Arakoon Cres – Detached House currently under construction (MCU18/0032.02)
East Coastal Reserve
West Across Arakoon Cres is 13 Arakoon Cres, which includes a two storey dwelling over
the top of the subject site.
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Figure 3: Site Photo of the existing building looking down the southern boundary with 24 (currently
being constructed) – looking from Arakoon Cres.
Figure 4: Site Photo of the existing building from the frontage of 24 Arakoon Cres looking northeast.
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Figure 4: Site Photos of the existing stairwell along the southern boundary and picture of existing wall
pre development at 24 Arakoon Cres.
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3.0 Proposed development details
The application seeks to change conditions 1 and 50 of the existing approval to remove the existing
entry pond along the southern boundary and build a new entry level deck, as shown below.
Figure 4: Existing and Proposed Middle Floor Plan.
The wall along the southern boundary adjoining the neighbour at 24 Arakoon Crescent is proposed
to be raised 1.2m higher than the existing wall height. The entry to the middle floor is to include a
concrete roof with gravel and coastal flowers planted on top, as shown below.
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Figure 5: Proposed southern elevation plan along boundary.
Table 3: Summary of development aspects
Building Works
Building Height The new roof will be 4.49m high (relative to Natural Ground Levels).
Setback The new roof is proposed to have a nil setback to the southern boundary
for 7.23m.
Site Cover Additional 10m2 to the middle/ground floor.
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4.0 Planning assessment
4.1 Minor Change Assessment
An assessment against the meaning of minor change and a response about the proposed application
provided thereafter underlined. The Planning Act 2016 defines a minor change as a change to the
approval that:
i. would not result in a substantially different development*;
(*In determining whether the proposed change would result in substantially different
development, the assessment manager or referral agency must consider the
individual circumstances of the development, in the context of the change proposed.)
A change may be considered to result in a substantially different development if the
proposed change:
- Involves a new use; or
Response: The proposed development does not change the existing detached house use.
- Results in the application applying to a new parcel of land; or
Response: No new parcels of land are applicable.
- Dramatically changes the built form in terms of scale, bulk and appearance; or
Response: The design is proposed within generally the same building footprint, bulk and
layout to that previously approved.
- Changes the ability of the proposed development to operate as intended; or
Response: The site will still be used as a detached house.
- Removes a component that is integral to the operation of the development; or
Response: There are no components being removed from the development integral to the
operation of the development.
- Significantly impacts on traffic flow and the transport network, such as
increasing traffic to the site; or
Response: No change
- Introduces new impacts or increases the severity of known impacts; or
Response: No new impacts are introduced.
- Removes an incentive or offset component that would have balanced the
negative impact of the development; or
Response: The proposal does not remove an incentive or offset.
- Impacts on infrastructure provisions.
Response: No change.
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ii. if a development application for the development, including the change, were made
when the change application is made would not cause—
A. the inclusion of prohibited development in the application; or
Response: The change does not include any prohibited development.
B. referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
Response: Although the EPA were an original concurrence agency - No agencies are now
triggered for referral.
C. referral to extra referral agencies, other than to the chief executive; or
Response: The original application was referred to the as a Concurrence Agency. No referral
agencies are applicable to the current development (no development in front of the coastal
building line).
D. a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral
agency must have assessed the application against, or have had regard to, when
the application was made; or
Response: The proposed change would not result in the chief executive having to consider
matters additional to those considered when the application was made.
E. public notification if public notification was not required for the development
application.
Response: The change does not require the application to be publicly notified.
Given the above, the proposed change to the existing approval is a minor change in accordance with
Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.
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4.2 Key issues
4.2.1 Building Works Code Compliance
The proposed development meets all the Accepted Outcomes of the Building Works Code regarding
setbacks, height, site cover and soft landscaping requirements as demonstrated in the table below.
Parameter Requirement Proposal Compliance
Setbacks Front - 6m Front – No change Y
Rear – 1.5m up to 4.5m in Rear – No Change Y
height, and 2m between 4.5m
and 7.5m in height (adjoins
reserve)
Side – 1.5m up to 4.5m in Side (north) – No Change Y
height, and 2m between 4.5m
Side (south) – Nil* Y
and 7.5m in height. AND
*Nil for class 10a buildings
*The QDC provision A2(d) allows for class10a buildings or parts to be located
within the boundary clearances where the height of a part within boundary
clearance is not more than 4.5m and has a mean height of not more than 3.5m;
the total length is not more than 9m; and not located within 1.5m to a window in
an adjoining dwelling.
The proposed extension meets the QDC criteria for side setbacks. The adjoining
owner also provides their letter of support for the proposed development.
Height 8m 4.49m Y
2 Storeys 2 storeys Y
Site Cover 40% all levels Lower ground = 234m2 (38%) Y
Ground Floor = 230m2 (38%)*
First Floor = 112m2 (18%)
*The previously approved site cover was less than 40% for each level, which
included the areas of the existing pond area >1m relative to natural ground level.
Lower ground = 234m2 (38%)
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Ground Floor = 220m2 (36%)
First Floor = 112m2 (18%)
The proposed additions increase the site cover on the ground floor by 10m2, as
shown below. The Ground Floor site cover is increased to 230m2 (38%) and is
compliant with The Noosa Plan requirements.
Landscaping 20% soft landscaping 152m2 (25%) Y
Materials Appropriate colours that blend Roof and colours to match in with Y
and Finishes into the natural environment the existing and adjoining
buildings.
Roof Form No rooftop terraces No rooftop terraces Y
4.2.2 Coastal Protection Overlay
The Overall Outcomes of the Natural Resources Overlay seeks for development within the Coastal
Protection Area to not adversely impact upon natural coastal processes and shall be designed to
protect the visual amenity enjoyed by users and others. The following table demonstrates the
compliance against the relevant Probable Solutions and Specific Outcomes of the Overlay Code.
Specific Outcome Probable Solution Assessment
O18 The siting and design of S18.1 A mix of native Complies - The proposed are of building does not remove
development and materials used landscaping, such as ground any existing landscaping areas. All existing coastal
within the Coastal Protection covers, shrubs and trees, is landscaping along the eastern boundary is to remain.
Area, as identified on the Natural provided for a width of 5m The rooftop is to be landscaped with coastal species in
Resources Overlay Maps, do not from the seaward or rear accordance with PSP3 and will include hibbertia scandens
cause any significant adverse boundary of the site to provide (Climbing Guinea Flower).
impacts on the coastal resources adequate landscape buffering
of the location nor interrupt the to protect the coastal dune
natural cycles of erosion and system.
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accretion of foreshore areas and
beaches.
O19 Buildings, structures and S19.1 A mix of native Complies - The proposed are of building does not remove
works within the Coastal landscaping, such as ground any existing landscaping areas. All existing coastal
Protection Area that are visible covers, shrubs and trees, is landscaping along the eastern boundary is to remain.
from the beach- provided for a width of 5m The rooftop is to be landscaped with coastal species in
a. are designed to protect the from the seaward or rear accordance with PSP3 and will include hibbertia scandens
character of the beachfront boundary of the site to provide (Climbing Guinea Flower).
when viewed from the water adequate landscape buffering
and integrate with the to protect the character of the
surrounding natural beachfront.
landscape and skyline
vegetation (see Figure 13.6);
and
b. are finished predominately
in colours and hues of the
surrounding natural
landscape.
O20 Buildings and other Complies - The proposed additions are not located
structures including swimming seaward of the coastal building line.
pools and retaining walls do not
extend seaward of the coastal
building line except-
a. Uncovered and unenclosed
cantilevered balconies that
do not extend greater than
3m seaward of the coastal
building line; and
b. Are setback a minimum of
6m from the seaward
boundary (see figure 13.7).
O21 Where a coastal building line S21.1 No solution provided. Not Applicable
does not exist on properties
fronting the beachfront or a
reserve adjoining the beachfront
– buildings, other structures and
retaining walls are setback a
minimum of 6m from the
seaward boundary of the site.
O22 Rear fences adjacent to the S22.1 Rear fences adjacent to Complies – No fencing is proposed as part of the
beachfront within the Coastal the beachfront within the development.
Protection Area are designed and Coastal Protection Area
sited to be sympathetic with the incorporate the following-
visual amenity of the beachfront a. No more than 1.2m
and do not degrade the natural in height; and
beachfront character. b. Open construction;
c. lightweight materials
(timber);
d. dark colours to blend
with the natural
environment.
S22.2 Gates are not installed in
fences to gain direct access to
the beachfront.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 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 following assessment benchmarks are
applicable and have been appropriately considered in preparing this development application:
State interest Assessment against assessment benchmark
Coastal Environment The relevant State Interest seeks for the coastal environment to be
protected and enhanced, while supporting opportunities for coastal-
dependent development, compatible urban form along the state’s coastal
land. The site is within the urban footprint and the development is
seaward of the coastal building line.
6.0 Conclusion
This application seeks a minor change to conditions 1 (approved plans) and 50 (southern side
setback) of existing MCU Development Permit 23814 DA. The proposed additional covering of the
existing stairs complies with the definition of a minor change under Schedule 2 of the Planning Act
2016 and is not substantially different development in accordance with Schedule 1 of the DA Rules
2017.
The assessment finds the development meets the relevant Specific and Overall Outcomes of the
Noosa Plan, subject to the following grounds of approval:
• The high-quality building and landscaping design enhances the coastal character of the area
which is sympathetic and does not detrimentally impact the locality;
• The setback is consistent with recently approved adjoining developments and does not
adversely impact upon natural coastal processes; and
• The design is sympathetic to the coastal environment protects the visual amenity enjoyed by
users and others.
The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.
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