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Delegated Report - Code - Planning MCU24 0032 · MCU24/0032
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Sam Osakwe
Development Assessment
APPLICATION DETAILS
Application No. MCU24/0032 and OPW24/0032
Applicant Ross Palazzesi
Proposal Material Change of Use – Dwelling house
Operational Works – Earthworks and Frontage Works
Properly Made Date 6 March 2024
Information Request Date 5 April 2024
Information Response Date 21 May 2024
Decision Due Date 25 June 2024
Report Reviewed & Tara Norley – 25 June 2024
Finalised By
PROPERTY DETAILS
Property Address 38 Mossman Ct Noosa Heads Qld 4567
RP Description Lot 145 N 21859
Land Area 607 m²
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not Applicable
Local Plan Area Noosa Heads
Overlays Flood Hazard Overlay
Acid Sulfate Soils Overlay
Assessment Type Code
Document Set ID: 23072946
Version: 10, Version Date: 02/07/2024
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1. PROPOSAL
The applicant proposes to demolish an existing older style dwelling on the site and construct a new
dwelling as shown on the proposal plans.
The proposal triggers a Material Change of Use as the development represents a material increase
to the scale of the existing use and a new basement is proposed. In addition, the proposal does
not comply with the Acceptable Outcomes of the Low-Density Residential Zone Code for building
height, site cover, and setbacks.
The applicant has also lodged an application for Operational Works for the basement due to the
proposal involving earthworks greater than 10m3 in the Low Density Residential Zone and the
frontage works associated with relocating the existing driveway.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Basement Plan
Figure 3 – Ground Floor Plan
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Figure 4 – First Floor Plan
Figure 5 – Roof Plan
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vy (oo ff Page 5 of 14 Version: 10, Version Date: 02/07/2024 Document Set ID: 23072946
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Figure 6 – Elevations
2. SITE DETAILS
2.1. Background
A referral agency response (RAP21/0028) was issued on 1 March 2022 in response to an early
referral response for a replacement dwelling on the subject site.
Notably, the dwelling was of similar design as to what is presently proposed, however, to achieve
the site cover requirements, a central courtyard was integrated into the dwelling. Previously
submitted plans including the site cover calculations are provided in the following figures:
Figure 7 – Ground Floor Plan Figure 8 – Ground Floor Site Cover
Figure 9 – First Floor Plan Figure 10 – First Floor Site Cover
2.2. Site Description and Surrounding Land Uses
The site is a 607m2 wedge shaped lot with 14.63m frontage to Mossman Court and 32.4m frontage
to the Noosa inlet. The site is relatively level and contains an existing dwelling and jetty.
Surrounding parcels are improved with dwelling houses a majority of which are of double storey
design.
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3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Flood Hazard Overlay Code
The subject site is located in Noosa Heads and is zoned Low Density Residential. The proposal is
for a Material Change of Use for a dwelling house and Operational Works for earthworks
(excavation for a basement) and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres 8.3 metres X
Gross floor area 500m2 406m2
Site cover 50% ground max 51% (308.21m2) X
30% upper max 38% (229.4m2) X
Boundary setbacks
• Frontage 6 metres min 5.5 m (balcony) X
• Side (east) 1.5/2.0/2.5 metres min 0 metres X
• Side (west) 1.5/2.0/2.5 metres min 2.0/6.8 metres
• Rear 1.5/2.0/2.5 metres min 2.3 metres
Basement 6m wide access 4m wide access
Not to encroach into Encroaches into north and X
setbacks southern setback
Soft landscaping 20% of site area min > 20% X
Carparking 2 covered min Unclear, however appears to
comply.
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Building Height
Acceptable Outcome AO7.1 of the Low Density Zone Code requires buildings and structures to be
no more than 8 metres in building height and not to exceed 2 storeys. The Performance Outcome
PO7 specifies:
Buildings and structures:
(a) are low rise and present a building height consistent with structures on adjoining and
surrounding premises and with the predominant character of the area;
(b) are designed to provide an interesting streetscape and complement landform changes;
(c) do not visually dominate the street or surrounding area;
(d) respect the scale of surrounding vegetation and maintain a vegetated skyline;
(e) do not unreasonably obscure views or lead to overshadowing of neighbouring
properties; and
(f) do not exceed two storeys.
The proposal includes a clerestory with some architectural features with a finished height of 8.3
metres and does not comply with AO7.1. The proposed building height is not consistent with
structures on adjoining and surrounding premises.
The height variation is unnecessary in this instance and the submitted renders indicate that
proposed building bulk will impact upon the streetscape character when viewed from the street and
surrounding areas.
Site Cover
Acceptable Outcome AO8.1 of the Low Density Residential Zone Code requires the site cover for
all buildings and structures (for a building of 2 storeys) to not exceed:
(i) 50% for one of the storeys; and
(ii) 30% for the other storey; or
(iii) 40% for both storeys.
The applicant submits that the proposal complies with the site cover requirements of the Low
Density Residential Zone Code, with the architectural plans indicating that the proposal will have
a site cover of 49.87% on the ground floor, and 29.95% on the first floor.
Notably, the architectural plans have not calculated site cover in accordance with the definition of
the Noosa Plan 2020, having excluded:
1. The covered entry area on the ground floor
2. The first floor roofed balcony to bedroom 3
3. The spiral stairs and void on the first floor
4. External walls on the building façade, east and western building walls, and
5. The covered portion on the first floor outdoor lounge, and architectural features.
It is noted that these areas and structures are not excluded from site cover calculations and the
definition makes it evident that site cover is calculated to the “outermost projection” of the building.
Balconies, external walls, and architectural features all constitute site cover and should be included
in the calculations.
Details of the applicants site cover calculation is provided in the figures below. The excluded areas
listed above are also annotated below.
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1
Figure 11 – First Ground Floor Site Cover Calculation
4
5 4
3
2
Figure 12 – First Floor Site Cover Calculation
It is noted that the Schedule 4 in the Planning Regulation 2017 (consistent with the Noosa Plan
2020 administrative definition) defines Site cover as:
“…the portion of the site, expressed as a percentage, that will be covered by a building or
structure, measured to its outermost projection, after the development is carried out, other
than a building or structure, or part of a building or structure, that is—
(a) in a landscaped or open space area, including, for example a gazebo or shade
structure or;
(b) a basement that is completely below ground level and used for car parking; or
(c) the eaves of a building; or
(d) a sun shade.”
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From the definition above, it is clear that Site cover is measured from the “outermost projection”
and as a volumetric ratio of the entire building or structure, not as separate components.
Council calculations indicated that the proposal would result in a site cover of 51% (308.21m2) on
the ground floor, and approximately 40% (233.34m2) on the first floor.
The Performance Outcome PO8 requires development:
(a) is of a scale compatible with surrounding development and the particular
circumstances of the site;
(b) has a low site impact to maximise the opportunity to retain site characteristics, such as
native vegetation and natural landforms;
(c) allows the opportunity to provide soft landscaping between buildings;
(d) does not present an appearance of bulk to adjacent properties, roads or other areas in
the vicinity of the site.
The relevant Purpose and overall outcomes are for development to:
1(c) maintain amenity and privacy of neighbouring residential premises;
1(d) are compatible with the character and streetscape of the local area.
2(b) Development is sited and designed to protect the amenity and privacy of neighbouring
premises.
As discussed in earlier sections, the proposal is not of a scale compatible with surrounding
development or circumstances of the site. Dwellings adjacent to the site, although established
before the current planning scheme, complies with the site cover requirement or achieves a site
cover of an average of 40% for both storeys. The proposal does not respond to the irregular shape
of the site with additional variations sought to the building height and setbacks.
The proposal fails to achieve the minimum soft landscaping requirement of the zone, noting that
the Noosa Plan defines soft landscaping as being “capable of supporting the growth of canopy
trees as well as other species”. Details are provided below.
The proposal does not respond to the existing site conditions and is not sited to protect the amenity
of neighbouring properties. The proposed building bulk in addition to the variations sought to the
height and setback is not compatible with adjoining parcels or the established streetscape
character around the site.
Setbacks
Front Setback
Acceptable Outcome AO9.1 of the Low Density Residential Zone Code requires buildings and
structures to be setback 6 metres from the road frontage. The Performance Outcome PO9 requires
buildings and structures to be designed and sited to allow for space and landscaping and be
consistent with the predominant character of the streetscape.
The development proposes to vary the front setback, with the architectural plans indicating that the
first floor balcony is setback 5.5m from the frontage, and the roof setback 5.1m from the front
boundary.
An analysis of surrounding parcels indicates that there are approved structures within the front
setback clearance, however, a majority of these structures are at ground level. The proposed
balcony and roof within the front setback will have a finished height of 7.3 metres from natural
ground level and will dominate the frontage to Mossman Court.
Side (West) Setback
Acceptable Outcome AO9.4 of the Low Density Residential Zone Code allows a lesser building
setback, on the grounds that they comply with the Queensland Development Code, however, this
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is limited to open carports, swimming pools, garages/sheds, rainwater tank, retaining walls,
screens and fences not exceeding 2 metres in height.
The proposed laundry does not comply with Acceptable Outcome AO9.3 of the Low Density
Residential Zone Code and is required to be assessed against the performance outcome. The
Performance Outcome PO9 requires buildings and structures to be 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 and access to sunlight;
(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 and outdoor living;
(f) be consistent with the predominant character of the streetscape; and
(g) protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
The proposed laundry will adjoin the clothes drying area of adjoining property to the east, 40
Mossman Court. A shadow analysis indicates that this area presently has minimal solar access,
and the proposed side setback variation will result in a further reduction to solar access to this
area.
A site survey was requested from the applicant to include the location of adjoining dwellings and
windows within 10 metres of the boundary, however the applicant submitted that these were
unnecessary. The proposed setback variation also impacts upon the opportunity to provide
compliant soft landscaping on site.
Basement
Acceptable Outcome AO14 of the Low Density Housing Code requires basement to be limited to
a maximum of one 6 metres wide access and to not encroach into boundary setback areas. The
Performance Outcome PO14 requires basements (including the entry points to them):
(a) do not dominate the street or building design;
(b) visually integrates with the residential building; and
(c) do not present as a storey to the street.
The proposed basement will encroach into the boundary setback areas; however, the architectural
plans indicates that the basement generally integrates into the building. The plans also indicate
the basement will be backfilled and is unlikely to present as a storey to the street, however, the
basement impacts upon the opportunity for deep landscaping and canopy trees to be established
on site.
Soft Landscaping
The application material indicates that 20.36% (123.64 m²) of the site is dedicated for soft
landscaping. The Noosa Plan 2020 defines soft landscaping as:
“…trees, shrubs, grass, garden beds and impervious surfaces that occur naturally such as
rock outcrops. Soft landscaping is not located on top of a constructed slab or other structure
and is capable of supporting the establishment and growth of canopy trees as well as other
species. The term does not include swimming pools or impervious surfaces such as
driveways, vehicular access lanes, vehicle parking and manoeuvring areas, pathways,
stormwater structures, tennis courts, decks, balconies, roof terraces and the like. It also does
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not include areas over which balconies cantilever unless there is a vertical height of 4 metres
between the ground and the balcony to allow for significant planting.”
Council notes the following:
• Soft landscaping is not located on top of a constructed slab or other structure, and
• is capable of supporting the establishment and growth of canopy trees as well as other
species
The submitted engineering plans shows structural elements including piling, retaining walls and
associated footings below the areas that have been included in the soft landscaping calculations.
Referrals to Council’s development engineers notes that the structural components within the front
and side boundaries is unlikely to support the establishment of any significant landscaping on top
of these areas.
These areas do not meet the definition of soft landscaping and as such, the proposal does not
achieve the 20% soft landscaping requirements of the Low Density Housing Code. The
corresponding Performance Outcome PO6 requires buildings and structures to allow for sufficient
space for outdoor activities, garden areas and screening to surrounding land uses.
The proposal does not allow for the opportunity to provide canopy trees to provide screening to
surrounding land uses and fails to meet the Performance Outcome of the Low Density Housing
Code.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer
5. CONCLUSION & REASONS FOR DECISION
The proposal includes significant non-compliance that conflicts with the overall outcomes sought
in the planning scheme, the Noosa Plan 2020.
While the applicant suggests that the proposal is consistent with the requirements of the Low
Density Residential Zone Code and consistent with the overall outcomes relevant to the site, it is
evident that the proposal fails to meet the Noosa Plan requirements and is out of character with
the established streetscape. The application is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
REFUSE
With regard to Application No MCU24/0032 and OPW24/0032 for a Material Change of Use –
Dwelling house situated at 38 Mossman Ct Noosa Heads Qld 4567 and described as Lot 145 N
21859; it is recommended the application be refused in accordance with the following details for
the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU24/0032 & OPW24/0032
Street address: 38 Mossman Ct Noosa Heads Qld 4567
Real property description: Lot 145 N 21859
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Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to refuse the application for the following reasons:
1. The proposal does not comply with Overall Outcome 6.3.1.2 (2)(c) of the Low Density
Residential Zone Code given the development would not maintain the low scale character of
the zone, given the cumulative impacts of non-compliant height, site cover and setback
encroachments proposed.
2. The proposal does not comply with Acceptable outcome AO7.1 and corresponding
Performance Outcome PO7 of the Low Density Residential Zone Code as the proposal:
a. at 8.3m, presents a building height inconsistent with structures on adjoining and
surrounding premises, and with the predominant character of the area.
b. does not respond to the existing site conditions and will visually dominate the street
and surrounding area.
3. The proposal does not comply with Acceptable outcome AO8.1 and corresponding
Performance Outcome PO8 of the Low Density Residential Zone Code as:
c. The proposal will result in a site cover of the development to 51% on the ground floor
and 38% on the first floor, well in excess of the requirements of the planning scheme.
d. The proposed building bulk is incompatible with surrounding development and the
particular circumstances of the site, noting that existing development in proximity
predominantly complies with the current site cover requirement or achieves a site cover
of an average of 40% for both storeys.
e. The proposal does not achieve the 20% soft landscaping requirement, and the
structures at the basement level impacts upon the opportunity for meaningful
vegetation to screen or soften the appearance of the proposed building.
f. The proposed building bulk will be visible and prominent to Mossman Court,
surrounding development and from the waterway.
4. The proposal does not comply with Acceptable outcome AO9.1 and AO9.2 and
corresponding Performance Outcome PO9 of the Low Density Residential Zone Code as:
a. The proposed building is not designed and sited in a manner consistent with the
predominant character of the streetscape and will impact upon on the amenity of the
streetscape and adjoining parcels due to the proposed setback encroachments.
b. The laundry being located within the side setback clearance, reduces solar access to
the clothes drying area of adjoining parcel to the east and does not provide adequate
distance from this area.
c. The proposed balcony and roof within the front setback will have a finished height of
7.3 metres and cause the building to dominate the street.
5. The proposal does not comply with Overall Outcome 9.3.1.2 (2)(b) of the Low Density
Housing Code as the proposed bulk and scale of the dwelling us not sited or designed to
protect the amenity of neighbouring premises.
6. The proposal is unlikely to be able to comply with Acceptable Outcome AO6 and
Performance Outcome PO6 of the Low Density Housing Code as the basement within the
boundary setbacks will limit the ability to provide soft landscaping, including screening to
surrounding land uses.
3. SUBMISSIONS
Not applicable.
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4. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
5. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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