Negotiated Report (Representations made) MCU21 0033

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Will Koschade
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0033 & OPW21/0212
Development Approval	Development Permit for Material Change of Use of Premises (Multiple Dwelling)
Applicant	Camtegan P/L TTE
Representations Received On	16 July 2021
Number of Submissions for Original Application	NA

PROPERTY DETAILS
Property Address	31 Bottlebrush Ave Noosa Heads Qld 4567
RP Description	Lot 136 RP 88934
Land Area	506m²
Existing Use of Land	Detached dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	High Density Residential
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Multiple Dwelling) was issued on 28 June 2021.
The applicant suspended the appeal period and made representations on 16 July 2021 to the development approval conditions. The representations are detailed below but primarily relate to a correction of a condition and amendments to minimum window still heights included in the standard ‘Protection of Privacy’ condition.
The original application was code assessable.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 20 – Protection of Privacy
To protect privacy between adjoining properties, the decks located on Level 2 and Level 3 must include batten screening of a height of not less than 1.7 metres above finished floor level, generally in accordance with the Approved Plans, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining properties, and must include:

Applicant’s Representation
The applicant requests the condition to be amended to correct an error. The words “and must include” must be delete and was issued in error. The applicant requests the condition to be amended as per follows:
To protect privacy between adjoining properties, the decks located on Level 2 and Level 3 must include batten screening of a height of not less than 1.7 metres above finished floor level, generally in accordance with the Approved Plans, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining properties., and must include:”

Assessment of Representation
The request is supported. The condition currently reads incorrectly.

Condition 21 – Protection of Privacy
Where windows overlook or have the potential to overlook the private open space of nearby properties or view into habitable room windows within 10 metres
windows are to have a sill height of not less than 1.7 metres above finished floor level; and
windows and doors use translucent glazing to obscure views.

Applicant’s Representation
The applicant requests the condition to be amended as follows:

Where windows overlook or have the potential to overlook the private open space of nearby properties or view into habitable room windows within 10 metres
windows are to have a sill height of not less than 1.7 1.5 metres above finished floor level; or and
windows and doors use translucent glazing to obscure views. Fixed translucent glazing be applied to any part of the window below 1.5m above floor level; or
fixed external screens.

Assessment of Representation
The applicant requests the condition to be amended to allow greater flexibility in terms of achieving visual privacy (where windows may overlook). The applicant argues that the requirement to have 1.7m minimum window still height significantly impacts on the ability of the unit to achieve natural light and ventilation. The height is also request to be lowered to 1.5m.

The proposed alternative condition is still considered suitable to achieve privacy standard sought in the scheme. A minimum still height of 1.5m or fixed glazing provides an appropriate level of privacy protection and still enables natural light and ventilation to achieve a good design outcome. The applicant cites that other local government areas rely on a 1.5m standard, not 1.7m which is considered excessive. This also aligns with the QDC development parameters for privacy protection for duplex dwellings. The request is supported.

conclusion & reasons for decision
The proposed changes to the conditions do not raise concern and are supported. The changes and assessment are detailed above.

RECOMMENDATION
With regard to Application No. MCU21/0033 OPW21/0212, and the representations made, Council on 10 August 2021 decided to:
A.	Agree to amend conditions < to read as follows:

20.	To protect privacy between adjoining properties, the decks located on Level 2 and Level 3 must include batten screening of a height of not less than 1.7 metres above finished floor level, generally in accordance with the Approved Plans, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining properties.

21.	Where windows overlook or have the potential to overlook the private open space of nearby properties or view into habitable room windows within 10 metres
windows are to have a sill height of not less than 1.5 metres above finished floor level; or
fixed translucent glazing be applied to any part of the window below 1.5m above floor level; or
fixed external screens.

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