Delegate report MCU17/0031

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU17/0031
	
Author:	Patrick Murphy
	
Project Director:	Patrick Murphy
	

SUMMARY:

APPLICATION DETAILS
Applicant:	Building Surveying Professionals Qld Pty Ltd
Proposal:	Development Permit for Material Change of Use of Premises - Detached House
Properly Made Date:	11/04/2017
Information Request Date:	28 April 2017
Info Response Received Date:	8 May 2017
Date of Site Visit:	2 May 2017
Decision Due Date:	5 June 2017
Number of Submissions:	One submission supporting the application

PROPERTY DETAILS
Property Address:	16 Piper St PEREGIAN BEACH  QLD  4573
RP Description:	Lot 401 P 93116
Land Area:	559 Square Metres
Existing Use of Land:	Vacant land: dwelling recently demolished

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Area / Locality:	Eastern Beaches
Planning Precinct / Zone:	Detached Housing
Overlay:	Natural Hazard Overlay: Slide Hazard Natural Resource Overlay: Coastal Protection Area
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a Material Change of Use for a Detached House. The house comprises 2 storeys containing four bedrooms and a double garage which is setback 4.9 metres from the front title boundary.

A copy of the proposed site pans and elevations are detailed in the below images:

SITE DETAILS:
Background / Site History
There are no recent development approvals for the site registered on the Shire’s records management system.
Description
The site is approximately 560 square metres in area and is currently vacant as the existing dwelling was recently demolished to make way for the proposed development.

Site & Locality Description
Road Frontage	A slightly curved frontage with a vegetated road reserve.
Existing Significant Vegetation	No significant vegetation is present on site
Topography:	The site is characterised by a slope which runs from the front to the rear of the site.
Surrounding Land Uses:	North, South and West: Residential dwellings East: Reserve for open space and buffer

The following image details the subject site and surrounding properties.

STATUTORY ASSESSMENT:

The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing.

The application is for a Material Change of Use and triggers a Code Assessable application.

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions; and
any applicable temporary local planning instrument.

The application has also been assessed against the planning scheme, including the following applicable codes:

Detached Housing Code
Natural Hazard Overlay: Slide Hazard
Natural Resource Overlay: Coastal Protection Area

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
Site cover	For a building of 2 or more storeys – 50% on the ground floor and 30% for the upper storey(s), or 40% for all storeys	Ground 38.4 % First: 26%	
Building height storeys metres	2 storeys max 8 metres	2 storeys < 8 metres	
Boundary setbacks Frontage Side (north) Side (south) Rear	6 metres min 1.5 metres min 1.5 metres min 6 metres min	4.9 metres 0.6 metres 2.5 metres 6 metres	X X
Roof form	5o	3o 5o 7o	X

Setbacks:

Garage setback:

The front setback of the garage for the previous dwelling was approximately 3.45m, which is substantially less than the requested reduced setback. The proposed setback of the new garage at 4.90 metres is an improvement on the existing setback to the road frontage and will be consistent with the surrounding properties.

Side setback to the swimming pool:

The swimming pool is >1m above NGL and accordingly requires a 1.5 metre setback, a 0.6 metre setback is proposed.

The requirement for the setback relates to the swimming pool being raised out of the ground, which is primarily due to the sloping topography of the site with a decreasing slope towards the national park of approximately 20 -25%.

The siting of the pool in this location ensures that it will not have a detrimental effect on the adjoining national park. The report submitted with the application advises that the surrounding properties have similar if not the exact same construction methods.

Furthermore the plans have been viewed by the adjoining land owner who has signed a declaration advising that they do not object to the varied setback.

Side setback to eave on northern boundary

The side boundary eave is 2.3m from the boundary at >7.5m above NGL. This is only a minor intrusion into the required setback for a minor section of the wall and will have no detrimental effect on adjoining neighbours.

Roof form:

The roof form consists of pitches of 7°, 5° and 3° respectively. The roof type is consistent with houses in the surrounding area. The building incorporates screening elements to create a contemporary presence from the road frontage. The dwelling is considered to be consistent with the streetscape and will blend in positively with the existing pattern of the street.

Natural Resource Overlay: Coastal Protection Area

As a landscape plan has not been provided a condition to the permit will require landscaping including within the 5 metre rear setback.

No buildings are proposed within the rear 6.0 metre setback however a paved step is to be located approximately 5.0 metres from the rear boundary. These works are considered reasonable as they are minor and will not have a detrimental effect on stability or the character of the beachfront.

Natural Hazard Overlay: Slide Hazard

A small section of the site is affected by the Slide Hazard Overlay – there is no development proposed in this area.

CONSULTATION:

IDAS Referral Agencies

The application was referred to the following IDAS referral agencies:

Nil
Other Referrals
The application was forwarded to the following internal council specialists:

Development Engineer

Their assessment forms part of this report.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU17/0031 for a Development Permit for Material Change of Use of Premises - Detached House situated at 16 Piper St PEREGIAN BEACH  QLD  4573 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU17/0031

1.	APPLICATION DETAILS

Application No:	MCU17/0031
Street Address:	16 Piper St PEREGIAN BEACH  QLD  4573
Real Property Description:	Lot 401 P 93116
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Detached House

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally 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
WD101	BA/C1	Cover Sheet – Aboda Design Group	08.05.2017
16-4082AA		Plan showing contours and detail on Lot 401 on P93116 – Max Waterson + Associates	24.02.2016
WD.103	BA/C1	Site Plan & Floor Areas – Aboda Design Group	08.05.2017
WD.201	BA/C1	Subfloor Plan – Aboda Design Group	08.05.2017
WD.202	BA/C1	Main Level Plan – Aboda Design Group	08.05.2017
WD.203	BA/C1	Upper Level Plan – Aboda Design Group	08.05.2017
WD.204	BA/C1	Roof Plan – Aboda Design Group	08.05.2017
WD.501	BA/C1	West Elevation – Aboda Design Group	08.05.2017
WD.502	BA/C1	East Elevation – Aboda Design Group	08.05.2017
WD.503	BA/C1	North Elevation – Aboda Design Group	08.05.2017
WD.504	BA/C1	South Elevation – Aboda Design Group	08.05.2017
WD.601	BA/C1	Sections A & B – Aboda Design Group	08.05.2017
WD.602	BA/C1	Sections C & D – Aboda Design Group	08.05.2017
WD.701	BA/C1	Façade Screen – Aboda Design Group	08.05.2017
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height detailed on the approved plans.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of Building 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.

Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
A mix of native landscaping, such as ground covers, shrubs and trees, must be provided for a width of 5m from the seaward or rear boundary of the site to provide adequate landscape buffering to protect the character of the beachfront

Earthworks
All cut and fill must not exceed 2 metres in depth relative to natural ground level.
Fill material placed over services must not impose any additional surcharge loading on the service.
Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services). A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.
Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.
Other than for accessways, filling must not extend more than 1 metre beyond the footprint of the approved dwelling when measured from its outer walls.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.

Coastal Protection
Gates must not be installed along the eastern rear property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf

Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

REPORT COVER SHEET
PLANNING ASSESSMENT BRANCH

Application no:	MCU17/0031
	
Author:	Patrick Murphy -
	
Project Director:	Patrick Murphy - Coordinator Planning
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PROJECT MANAGER	PROJECT DIRECTOR

Signature:	Signature:
	
Position:  Development Planner	Position: Coordinator Planning
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on 12 December 2009:

Signature:	Date:
	
PROJECT DIRECTOR	

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DELEGATED AUTHORITY REPORT

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