Delegated Report - Code - Planning MCU24 0032 · MCU24/0032

                       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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Document Set ID: 23072946
Version: 10, Version Date: 02/07/2024