Objection to TP# 51938.3225.14

Noosa Council				25th June 2021
PO Box 141
Tewantin,
QLD 4565
OBJECTION to Application Reference: 51938.3225.14
Unit 9-10/30 Hastings Street, Noosa Heads, Lot 30 on SP307674

Objection by E.S.Rubin Services Pty Ltd , owner of unit 12, The Hastings, 30 Hastings Street, Noosa Heads, 4567, Queensland.

Objection to the application is on the basis of:
Scale, Incompatible visual impact.
Shading causing considerable loss of sunlight.
Loss of privacy and amenity.

We note in the pre lodgement notes Glen Conforti the Development Planner makes note: ‘ 3. The impact of the development on the general amenity (i.e. Privacy/overlooking) of all surrounding dwelling units and the whole development should be considered.’ It is our belief that this has not been addressed adequately or proven in the plans and documents provided. The 1:200 Overviewing Diagrams Drawing No. SD.951 by Gerard Smith Design do not show enough detail at that scale or dimensions to prove any privacy or overlooking details. We would need to see 1:20 or 1:50 diagrams showing dimensions of existing window sills and header heights, existing awnings and dimensions, heights of diagrammatic humans, heights of new floor levels and setbacks and details of proposed privacy screens to establish what actual privacy impacts and overlooking is occurring.
‘Operable timber screens for privacy’ shown on the proposed drawings do not comply with QDC MP1.1 Design and Siting Standards for Single Detached Housing on lots under 450sqm which states they must be a maximum 25% opening. Nor do they comply with Noosa Plan 2020 Safety and Amenity PO21 acceptable outcome AO21.4 requiring screens to be 1.7m permanently fixed screening to avoid potential to overlook private open space or habitable windows within 10m.
Also the notes referring to unit 21 having existing obscure glazing is completely incorrect. These windows have clear glazing and thus can be seen into and are NOT obscured. We have no desire to obscure our glass as it would limit natural light which not only gives natural light amenity to those rooms but the hallways they also feed.
Please refer to the Attachment E Assessment against Noosa Plan 2020 – Tourist Accommodation Zone Code. When reading the Assessment provided as a part of the application we object to and do not believe the Performance Outcomes have Acceptable Outcomes where the application assessment shows the proposal complies in these particular sections:
-P09 Building Height states the built form must ….(c) preserve the amenity of surrounding premises including privacy, views and access to sunlight. We understand the 15m maximum height has been met but balconies on 1st, 2nd and 3rd floors do not preserve privacy to existing windows or surrounding private open spaces of especially unit 12. The 14.2m height shows an increase in shade and thus access to sunlight to unit 12.
Shadowing of unit 12 given its position west of 9/10 , makes it subject to significant shadowing periods during the day at all times of the year. This is unacceptable.
-P013 Setbacks states buildings should 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 (b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises. The current setbacks of east 590mm and 2m to the north (again we note privacy screens noted but no detail that they are fixed and permanent with 25% max transparency) do not comply as they allow for overlooking from level 2 at the proposed alfresco to the Private Open Space of unit 8. Whilst the setback of 590mm to the east also allows for views into windows of unit  21. (again, we note privacy screens noted but no detail that they are fixed and permanent with 25% max transparency and on level 1, 2 and 3 on the east they are only partial, not the full length of balconies with views into these windows)
-P021 Safety and Amenity states the development and design ensures…(b) do not unreasonably impact on the amenity enjoyed by users of adjoining or nearby premises, including privacy and access to sunlight. Again and perhaps the most extreme non-compliance performance is PO21. We do not believe the design complies as an acceptable outcome. 3rd floor open area including kitchen and sittings areas looks directly down onto POS of unit 8. Operable timber screens again do not comply with AO21.4. Similarly privacy screens to eastern elevation levels 1, 2 and 3 allow views into windows of unit 21. (again we note privacy screens noted but no detail that they are fixed and permanent with 25% max transparency and on level 1, 2 and 3 on the east they are only partial, not the full length of balconies with views into these windows)

We ask you to also consider the NCC and Queensland Residential Design Guidelines will apply at building permit stage. We note that either obscured glazing or privacy screens should firstly be designed in all areas where direct views within 10m and beyond at a 45 degree angle from the plane of the wall containing the opening measured from a height of 1.7m above the floor level are into an adjacent private open space or a habitable space window. The QLD Residential Design Guidelines state that single detached housing in Element C4 Privacy A1.3 privacy screens must have a maximum of 25% opening and be permanent and fixed.

Our main objection is for our amenity and ensuring that operable privacy screens are made permanently fixed with 25% maximum transparency or frosted glazing. They also need to be extended to all areas of viewing, not just the ones shown on elevations and plans. The screens shown are 1.5m high, the Noosa Plan 2020 states 1.7m high.
The visual bulk of the front façade is increased dramatically as there are no setbacks, thus presenting a monolithic structure right on the Community driveway. A new building should take into account surrounding buildings and not have an increased impact.

Sincerely
Eric Rubin
Director
E.S.Rubin Services Pty Ltd  A.B.N. 72 001 957 464
PO Box 465 Cammeray NSW 2062
Phone 0413 839 800