Council archive · source document
Town Planning Assessment Report · MCU23/0139
Mur
Town Planning
Assessment Report
15 Olivine Street, Cooroy
Development Permit for Material Change of Use of Premises to establish
a Dual Occupancy
October 2023
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Page 2
Table of Contents
1. SITE AND APPLICATION SUMMARY .................................................................... 3
2. PROPOSAL ........................................................................................................... 3
3. BACKGROUND .................................................................................................... 6
4. SITE DETAILS .......................................................................................................... 6
4.1. SITE DESCRIPTION ............................................................................................... 6
4.2. SURROUNDING USES............................................................................................ 7
5. ASSESSMENT REQUIREMENTS .............................................................................. 8
5.1. FRAMEWORK FOR ASSESSMENT ............................................................................... 8
5.2. ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 ..................... 8
5.3. THE NOOSA PLAN 2020 ...................................................................................... 9
5.3.1. DEFINITION .................................................................................................... 9
5.3.2. LEVEL OF ASSESSMENT AND ASSESSMENT REQUIREMENTS .......................................... 9
5.3.3. ASSESSMENT .................................................................................................... 9
5.3.3.1. ALTERNATIVE OUTCOMES ................................................................................ 12
CONCLUSION ........................................................................................................... 13
Appendices
Appendix A Proposal Plans
Appendix B Site Photographs
Disclaimer: While every care has been taken in preparing this report, Brennan Planning 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. Site and Application Summary
Applicant
Applicant: Mark Newbold
C/- Brennan Planning Pty Ltd
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Mark Newbold
Application
Development Permit for Material Change of Use of Premises
Development Application:
to establish a Dual Occupancy
Level of Assessment: Code Assessable
Referral Agencies: Nil
Assessment Manager Noosa Council
Subject Site
Address: 15 Olivine Street, Cooroy
Lot Description: Lot 119 on C5604
Area: 1011.08m2
Nil
Easement(s):
SEQ Regional Plan Urban Footprint
Planning Scheme Noosa Plan 2020 (25 September 2020)
Local Plan Cooroy Local Plan Area
Zone: Medium Density Residential
Overlays: Nil
2. Proposal
This application seeks an approval for a Development Permit for Material Change of Use of Premises to
establish a Dual Occupancy comprising 2 x 2 bedroom units.
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The Dual Occupancy would involve utilising two existing dwellings on the premises, being the primary
dwelling that fronts Olivine Street to the north (Unit 1) and a secondary dwelling that fronts Olivine Lane to the
south (Unit 2).
Figure 1 – Site Plan
Unit 1
Unit 1 involves the use of the original dwelling on the premises. It is a single storey weatherboard building and
contains 2 bedrooms, 2 bathrooms, an office, kitchen living dining areas a porch and rear deck. Unit 1 has a
Gross Floor Area of 113.5m2. It includes a single garage space and sufficient space for two vehicles to park in
front of the garage. Vehicular access to Unit 1 is achieved via a 3.2m wide driveway to Olivine Street in the
northeast corner of the site.
Figure 2 – Unit 1 Floor Plan
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Figure 2 – Photograph of Unit 1
Unit 2
Unit 2 involves the use of the secondary dwelling on the premises. A building approval for the secondary
dwelling was finalised on or about 1 October 2019 (Council Reference: PC 19/1121). The building is single storey
in height and is of a traditional appearance, incorporating timber weatherboard cladding and a pitched metal
roof. The dwelling contains 2 bedrooms, a bathroom, open planned kitchen, living, dining area and two large
decks. The dwelling has a GFA of 65m2. Two uncovered car parks are proposed adjacent to the site’s
frontage for vehicle parking associated with the unit. Vehicular access to the Unit is achieved via a 3m wide
driveway to Olivine Lane in the southeast corner of the site.
Figure 3 – Floor Plan of Unit 2
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Figure 4 – Photograph of Unit 3
3. Background
Noosa Council’s online application system reveals the following applications to be applicable over the land:
Application Number Submitted Date Details Decision
Entry Roof Within Road
RAB20/0074 06/05/2020 Conditional Approval
Boundary Setback
New Construction of
PC19/1121 01/10/2019 Finalised
Secondary Dwelling
4. Site Details
4.1. Site Description
Site Characteristic Description
Existing land use Dwelling house including secondary dwelling
Frontage and access The site has a 20.107m frontages to Olive Street to the northwest and
Olivine Lane to the Southeast .
There is an existing primary and secondary dwelling located on the
site. The primary dwelling gains access to Olivine Street in the
northeast corner of the site. The secondary dwelling gains access to
Olivine Lane in the southeast corner of the site.
Topography The site slopes downhill to the northwest, towards Olivine Lane, at an
average gradient of approximately 9%.
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Figure 5 – Aerial Photograph of Subject Site
4.2. Surrounding Uses
The site is located within a Medium Density Residential zoned area within the easter part of the township of
Cooroy. The site is generally surrounded by a mixture of multiple dwellings, dual occupancies and dwelling
houses.
Figure 6 – Locality Map
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5. Assessment Requirements
5.1. Framework for Assessment
Categorising Instruments for Statutory Assessment
In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
+ the Planning Regulation 2017
+ the Planning Scheme for the local government area
+ any temporary local planning instrument
+ any variation approval
Of these, the planning instruments relevant to this application are discussed below:
5.2. Assessment Benchmarks Related to the Planning Regulation 2017
The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the application must
be carried out against, which are additional or alternative to the assessment benchmarks contained in
council’s Planning Scheme. These assessment benchmarks may be contained within:
• the Regional Plan;
• Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
Planning Scheme; and
• Schedule 10 of the Regulation.
An assessment against the applicable benchmarks contained within the Planning Regulation is provided
below:
SEQ Regional Plan
The subject site is located within the Urban Footprint under the SEQ Regional Plan (SEQRP). The proposed
dual occupancy development is consistent with the goals, elements and strategies for the Urban Footprint
designation.
Part E of the State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests relating
to development assessment are set out in Part E of the document and are under five broad themes. The
assessment benchmarks of the SPP Part E that are relevant to the development proposal are consistent
with the current provisions of the planning scheme and would not warrant further assessment.
Schedule 10 of the Regulation
The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.
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5.3. The Noosa Plan 2020
5.3.1. Definition
The Noosa Plan 2020 defines a Dual Occupancy as follows:
Dual occupancy-
a) means a residential use of premises for 2 households involving—
i. 2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached
or detached) on separate lots that share a common property; and
ii. any domestic outbuilding associated with the dwellings; but
b) does not include a residential use of premises that involves a secondary dwelling.
The proposal meets the definition of a Dual Occupancy as it involves the establishment of two dwellings on
the premises.
5.3.2. Level of Assessment and Assessment Requirements
The site is a located within the Medium Density Residential Zone and Cooroy Local Plan Area under the
Noosa Plan 2020. Pursuant to Table 5.5.2 of the Planning Scheme, the proposed Dual Occupancy use is
‘code assessable’.
In accordance with Section 45(3) of the Planning Act 2016 a code assessment is an assessment that must be
carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development; and
(b) having regard to any matters prescribed by regulation for this paragraph.
5.3.3. Assessment
Pursuant to Table 5.5.2 of the Planning Scheme, the application is assessable against the following codes:
+ Cooroy Local Plan Code
+ Medium Density Residential Zone Code
+ Dual Occupancy and Multiple Dwelling Code
+ Works Codes
An assessment against the abovementioned applicable codes has revealed that the development is
compliant with, or can be conditioned to comply with, each. The pertinent issues arising out of an assessment
against each of the codes are discussed below.
Table 5.3.3.1
Criteria Noosa Plan 2020 Proposal Compliance
Site area - 1,011.08m2 NA
Building height 8m max 5.8m(approximately) P
Site Cover 40% (404.43m2) 26.3% (265.7m2) P
Plot Ratio /GFA 0.4:1 (404.43m2) 0.17 (178.5m2) P
Boundary setbacks
• Frontage 6m 10.6m to garage and 13.622m to
(Olivine Street) dwelling eave of Unit 1 P
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• Frontage 4m to roofed deck of Unit 2 O
(Olivine Lane) 6m
• Side Minimum of 0.515m to existing O
(northeast) 1.5m garage of Unit 1 and 1.5m to
proposed carport of Unit 2
Minimum of 1.5m to eave of Unit 2 P
(southeast) 1.5m
Wall length <15m 13.6m P
Front Fences Set back an average of 1m Existing 1m high fence to Olivine O
articulated to provide visual interest Street and 1.8m fence to Olivine
by stepping the design Lane
Where on boundary, 1.2m in height
or 50% transparent
Roof form Does not include roof top terraces No roof top terrace P
Width of parapet wall < 50% of No parapet
frontage P
Landscaping Landscaping to minimum of 40% of 63% (604m2) P
the site (404m2);
60% (242m²) to be soft landscaping 63% (604m2) of soft landscaping P
Private open space Minimum of 25m² Far more than 25m2 for each P
dwelling
Carparking 2 covered spaces and one 5 spaces with one being covered O
additional
*Please refer to Table 5.5.3 – Alternative Outcome for an assessment against the performance/overall
outcomes of the relevant codes in relation to any non-complying elements detailed in the table above.
Sustainable Building Design Code
The proposed development generally complies with the Performance/Acceptable Outcomes or otherwise the
Overall Outcomes of the of the Sustainable Design Code. An assessment against Performance Outcome PO8 is
included below, which is the most relevant outcome.
Performance Outcome PO8 Comment
a) orientates buildings and windows to make the most The design provides exceptional opportunities to take
of prevailing winds, natural ventilation and cross advantage of prevailing winds, natural ventilation and
breezes; cross breezes including:
o each unity is provided with eaves that give
shading and weather protection;
o the units include large south facing decks that
will benefit from prevailing south-easterly
breezes
o the units include north facing habitable rooms
and windows that will benefit from this optimal
aspect.
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b) maximises shade to east and west walls; The design maximises shade to east and west walls
by retaining existing mature vegetation along the side
boundaries and both units incorporating eaves around
the perimeter of the building.
c) contains an open and permeable built form that The design provides for an open and permeable built
connects indoor and outdoor spaces in an form by incorporating large outdoor alfresco living
integrated design; areas.
d) retains existing vegetation and natural shading Mature vegetation will be retained throughout the site
where possible; that shades the buildings.
e) incorporates passive building design to reduce the The units are lightweight timber design that
need for auxiliary heating and cooling; incorporate eaves large covered outdoor areas which
will allow for cross ventilation and reduce the need
auxiliary cooling;
f) uses low toxic internal and The design includes the use of natural and low toxic
external building materials; building materials including timber, glass and metal
roof sheeting.
g) uses natural light rather than artificial light, and may The design optimises the use of natural light through
include skylights, atriums and light wells; the provision of internal courtyards, decks and large
windows
h) contains a minimum of two openings per habitable The design provides for two aspects and openings
room; per room.
i) provides a minimum floor to ceiling height of 2.7 The design will include floor to ceiling heights that are
metres; and a minimum of 2.7m
j) enables efficient operation and use of the building. The units provide small efficient use areas that
maximise outdoor living opportunities.
Driveways and Parking Code
The proposed development complies with the Performance/Acceptable Outcomes of the Driveways and
Parking Code in that:
• It provides parking provisions in compliance with Table 9.4.1.4:
• Two crossovers will be provided that are designed in compliance with RS-049 and have a maximum
width of 4m;
• It will provide for driveways, parking and manoeuvring areas compliant with Australian Standards for
off-street carparking.
Other Works Codes
The development will be serviced by standard urban infrastructure provisions including reticulated water, sewer,
electricity, telecommunications, and stormwater drainage.
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5.3.3.1. Alternative Outcomes
Setbacks – Medium Density Residential Zone Code
AO12.1
Buildings and structures meet the following minimum boundary setbacks:
a) for frontages — 6 metres
b) for side boundaries—
(i) 1.5 metres setback up to 4.5 metres height;
(ii) 2 metres setback between 4.5 metres and 7.5 metres height; and
(iii) 2.5 metres where above 7.5 metres height
c) for the rear boundary - 6 metres
Unit 2 provides a deck roof that is setback 4m from its outermost projection to the road boundary with
Olivine Lane, and the existing carport associated with Unit 1 is setback 0.515m from the northeast side
boundary. Consequently, the structures do not comply with AO12.1 of the Medium Density Residential Zone
Code. Despite not complying with the acceptable outcome, it considered that the structures comply with
Performance Outcome PO12 of the Code for the following reasons:
+ they are existing and approved structures that provide enhanced amenity for users of the site
including a covered deck area and a covered car parking space;
+ the structures do not result in overlooking opportunities or impact on views or amenity of the
adjoining premises as they relate to an existing deck roof and garage;
+ they maintain adequate separation to the adjoining land uses including a minimum separation of
approximately 5m from the garage to the walls of the dwelling at 17 Olivine Street.
+ adequate landscaping is maintained throughout the site;
+ they are consistent with the predominant character of the surrounding area as the structures are
existing and will not be changing as a result of the development; and
+ they do not result in adverse impact to ecologically important areas.
Front Fences – Medium Density Residential Zone Code
AO17.2
Where located on the boundary:
a) the solid portion of front fences and walls is no more than 1.2 metres high; or
b) the walls contain openings or materials that ensure it is 50% transparent and has a height not
exceeding 1.8 metres.
The proposal seeks to maintain a front fence to Olivine Lane that has a height of 1.8m and is approximately
25% transparent. While not complying with the acceptable outcome, it is considered to comply with PO17 of
the code for the following reasons:
+ it is an existing timber fence that contributes to the character and attractiveness of the streetscape;
+ it does not cause an impediment for the flow of surface water; and
+ it still allows for casual surveillance of the street as to is 25% transparent;
Car Parking – Driveways and Parking Code
AO6.1
The number of car parking spaces, motor cycle spaces, bicycle spaces and loading bays is not less than the
minimum number specified in Table 9.4.1.4 Minimum parking requirements including end of trip facilities.
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Table 9.4.1.4 of the Driveways and Carparking Code requires that two covered spaces and one additional
space is provided for a dual occupancy. The proposal seeks to provide one covered space and four
uncovered spaces and consequently does not comply with AO6.1 of the Driveways and Parking Code . While
not complying with AO6.1, as two ‘covered’ spaces are not provided, the proposal will comply with
Performance Outcome PO6 for the following reasons:
a) it would provide sufficient have regard to the specifics of use in that a total of five spaces would be
provided onsite, which exceeds the acceptable outcome of three; and;
b) the spaces are appropriately designed and sited to accommodate the vehicles generated by the
development.
Conclusion
This report has identified that the proposed development complies with the relevant benchmarks contained
within the Noosa Plan 2020 and does not raise any significant issues that cannot be addressed by reasonable
and relevant conditions on the following basis:
+ the proposal provides a well-designed dual occupancy development that utilises existing lightweight
timer buildings that contribute to the character of Cooroy.
+ the development provides vehicular access and parking that is safe and efficient and for the use;
+ the design will maintain a generous landscaped setting and private open space areas for each unit;
+ the development can be appropriately connected to and services by all necessary urban
infrastructure including reticulated water, sewer, electricity, telecommunications, and stormwater;
and
+ the development does not result in any offsite impacts including by way of noise, light, glare, dust or
odour emissions or stormwater runoff, traffic or environmental impacts.
This office trusts that the information supplied comprehensively addresses all of the issues that are to be
considered by the Noosa Plan 2020. Should you have any questions in relation to the proposal, or any aspect
of the development, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]
Yours sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
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