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L01 Statement to NSC

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Our Reference: 02821 L01 NG




3rd February 2021




Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565


Confidential Email Transmission: [email protected]
Original in Post: No




Dear Sir/Madam

RE: LODGEMENT OF DEVELOPMENT APPLICATION AND REQUEST FOR SITING VARIATION
Application for a Material Change of Use for a Dwelling House and Request for Siting
Variations for Premises Located at 32 Plover Street, Peregian Beach and Described as Lot 9
on P9313.

Martoo Consulting has been engaged by Ros Broadhurst, as applicant for the above proposal, to seek
Noosa Council approval for a Dwelling house in a Coastal Protection and Scenic Amenity Overlay.
As part of the proposal, the applicant is also seeking a siting variation for the location of the new
dwelling at 32 Plover Street, Peregian Beach.

This letter details the proposal and provides an assessment of the development against the relevant
code provisions contained within the Noosa Plan 2020.


1. THE SUBJECT SITE
The subject site is a rectangular shaped lot located on the eastern side of Plover Street, Peregian
Beach. The site slopes down from the Plover Street frontage to the eastern rear boundary and is
currently vacant.

The site is bounded by the following:

        North:   vacant lot
        East:    coastal reserve
        West:    opposite the site - two storey dwellings
        South:   two storey dwelling

Figure 1 below illustrates the location of the site and surrounding land uses. Vehicular access to the
site is from Plover Street and the site is serviced by all essential urban infrastructure including reticulated
water supply, sewerage, underground telecommunications and overhead electricity cables, stormwater
drainage and a bitumen roadway.

The general character of the area is that of residential dwellings of differing building styles. The site enjoys
direct views to over the coastal dune system to the ocean.
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Page 2

Figure 1 – Site location



2. THE DEVELOPMENT APPLICATION
This application seeks a Development Permit for a Material Change of Use for a Dwelling House.
The following details are considered relevant to the application:

                     The subject site is currently vacant;
                     The surrounding area supports substantial dwellings with several extending into the
                      front setback areas;
                     The proposed dwelling house is to be located in the centre of the site;
                     Ground Floor of the proposed dwelling house comprises a double garage, laundry,
                      two bedrooms, media room and study with a deck and pool to the north-east;
                     First Floor includes master bedroom, kitchen, living and dining areas and a large
                      deck to the east:
                     Elevated pedestrian walkway proposed across front 6 metres of the site to gain
                      access to the dwelling;
                     6 metre rear setback provided with eaves slightly encroaching;
                     Low pitched roof form;
                     Minor encroachment into 8 metre height limit;
                     Pool located no more than 1.0 metre above natural ground level
                     Expansive glazing to the seaward boundary;
                     Brick building;
                     Contemporary design.

Attachment A provides plans of the proposal prepared by NDRSN Architects.

The proposed dwelling has been designed to step down the site and minimize impacts on the
surrounding area.




                                                    Page 2

Page 3

3. COMPLIANCE WITH STATE PLANNING POLICIES
The State Planning Policy contains assessment benchmarks for the Natural Hazards, Risks and
resilience (coastal hazards) state interest. This State interest has not been appropriately integrated
into the Noosa Plan 2020 and the proposal is required to be assessed against the SPP assessment
benchmarks.




The site is mapped as being located within an Erosion Prone Area outside a Coastal Management District.
The dwelling has been located away from the seaward boundary to minimise the risks of the erosion
prone area and has access to a road way that is outside the natural hazard areas providing an approprite
route for disaster management. The proposed dwelling maintains a good vegetative setback to the
seaward boundary to maintain the natural protective function of the site.

Council has recently advertised its Coastal Hazards Adaptation Plan (CHAP) for community consultation.
The site is not mapped as being located in any risk area.




                                                Page 3

Page 4

4. ASSESSMENT
The Noosa Plan 2020 includes the site in the Coastal Communities Local Plan area and provides the site
with a Low Density Residential zoning. The assessment table for the Low Density Residential zone
details that a Dwelling House is accepted development except where it does not comply with the
relevant parts of the code and then becomes code assessable development. The proposed dwelling
has been assessed against the relevant provisions of the Low Density Residential Zone Code and
the Low Density Housing Code and does not comply with the Acceptable solutions with regard to
setbacks.

The site is also mapped as being located in the Coastal Protection and Scenic Amenity Area as per
the Coastal Protection Overlay map. The Assessment table for this Overlay details that the proposal
requires code assessment against the Coastal Protection and Scenic Amenity Overlay Code.


4.1 Low Density Residential zone

Setbacks

The Low Density Residential Zone code details that buildings and structures are to have the following
setbacks:

        Frontage:                  6m
        Side boundaries:           1.5m up to 4.5m height
                                   2m between 4.5m -7.5m height
                                   2m plus 0.5 m for every 3m or part therefore above 7.5m height.
        Rear boundary:             3.0m setback up to 4.5m in height and 6.0m setback between 4.5m -
                                   8.0m height

The proposal does not fully comply with the front boundary setback requirements as a walkway from the
property boundary extends to the front door of the dwelling. The project architect advises that this walkway
is a result of the design taking into consideration the slope of the site, building height requirements and
carparking/driveway gradients. As the walkway is greater than 1 metre in height it is to be assessed
against the Performance outcomes.

The applicant also proposes 500mm eaves on the second floor that will extend into this upper setback
area and as the Noosa Plan 2020 now details that setbacks are to be measured horizontally from the
outermost projection of the building to the boundary the proposal is required to be assessed against the
Performance outcomes for both the eaves and the walkway.

A review of the proposal against Performance Outcomes PO9 is detailed below:

      Buildings and structures are 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 and access to sunlight; - The proposed
               eaves intrusion will have no impact on adjoining premises. The proposed walkway
               provides a level access to the site and is located away from the existing residential
               dwelling to the south and will not impact on visual or acoustic privacy as it provide the
               same function as an at ground pathway.

            b) not unreasonably obstruct views or cause overlooking of private open space or habitable
               areas of adjoining premises; The proposed areas of intrusion relate to eaves and a
               pedestrian walkway and do not overlook private open space areas of adjoining premises
               noting that the site to the north is vacant.

            c) provide adequate distance from adjoining land uses; - the proposed areas of intrusion do
               relate to upper level eaves that will not be readily visible to the surrounding properties
               whilst the walkway is at the front of the site well away from established dwellings.



                                                  Page 4

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           d) preserve existing vegetation that will help buffer development; Existing vegetation to be
              retained where possible. A large Tuckeroo is located at the front of the site and will be
              required to be removed to cater for the location of the driveway. The applicant is willing to
              replace the tree with a more appropriate species noting the power lines crossing the front
              of the site.

           e) allow for space and landscaping to be provided between buildings
              including adequate area at ground level for landscaping with trees, shrubs and outdoor
              living; - The eaves intrusion will not impact on landscaping being provided at ground
              level. The pedestrian walkway has the same function as a ground level pathway and
              enables landscaping to be provided at the front of the site.

           f)   be consistent with the predominant character of the streetscape; - A number of dwellings
                in the area have been constructed within the front setback area in recognition of the
                slope including premises at 26, 24, 22, 20,18, 16 and 14.

           g) protect the natural character and avoid adverse impacts on ecologically important
              areas such as national parks, waterways and wetlands. – The areas of non compliance
              will not impact on the ecological values of the area.

Building Height

AO7.1 of the Low Density Residential Zone Code details details a building height of 8 metres. As
the proposal does not comply with this acceptable outcomes it is to be assessed against the
performance outcome below:

      PO7
      Buildings and structures:

            a) are low rise and present a building height consistent with structures on adjoining and
            surrounding premises and with the predominant character of the area; - The area of
            intrusion relates to two small sections of the roof form the maximum of which is 10cm over
            the height. The overall building and roof form is below the height limit with the resultant
            building form consistent with the surrounding buildings.




            b) are designed to provide an interesting streetscape and complement landform changes; -
            The roof form and building recognise the slope of the site and step down the site. The areas
            of non compliance are not visible to the street.

            c) do not visually dominate the street or surrounding area; - The areas of intrusion are
            located to the near the centre and rear of the building and are not visible to the street and will
            not dominate the surrounding area.

            d) respect the scale of surrounding vegetation and maintain a vegetated skyline; - The
            areas of intrusion are minor and do not impact on existing vegetation. The existing
            vegetation to the rear of the site will still be visible to surrounding properties.
                                                    Page 5

Page 6

                  e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
                  - Areas of intrusion are located to the centre and rear of building and relate to a small section
                  of the roof. Intrusions will not obscure views of overshadow adjoining properties.

                  f) do not exceed two storeys. – complies


4.2 Overlay Codes

The site is mapped as being located in a Coastal Protection and Scenic Amenity Area. A review of the
proposal against the Coastal Protection and Scenic Amenity Code is detailed below:


Performance Outcomes                               Acceptable Outcomes                        Proposal
PO1
Development allows for natural fluctuations of     No acceptable outcome provided.            Complies – building setback from
the coast and foreshores to occur, including                                                  seaward boundary and is outside
allowance of climate change.                                                                  mapped erosion prone area
PO2
Development is located, designed and               No acceptable outcome provided             Complies – building setback away
constructed to:
                                                                                              from seaward boundary and is
a) maintain dune crest heights and                                                            outside mapped erosion prone area
   minimise and mitigate the risk to
   development from wave overtopping
   and storm tide inundation; and
b) maintain or enhance coastal
   ecosystems and natural features such
   as coastal creeks and marine plants
   including mangroves, salt marshes
   and coastal wetlands, to assist in
   protecting and buffering communities
   and infrastructure from sea-level rise
   and coastal inundation impacts.

PO3
Where a coastal building line exists on a lot,     No acceptable outcome provided             Not applicable – no coastal building
all buildings, structures and retaining walls do
not extend seaward of the                                                                     line.
coastal building line for the site, other than—

  a) uncovered and unenclosed
     cantilevered balconies that do not
     extend greater than 3 metres seaward
     of the coastal building line; and
  b) are setback a minimum of 6 metres
     from the seaward boundary
     (see Figure 8.2.4.4).

PO4
Where a coastal building line does not             No acceptable outcome provided             Building setback 6 metres from
exist on a lot fronting the beachfront or a
reserve adjoining the beachfront, new                                                         seaward boundary of the site. Eaves
buildings and structures are setback no                                                       slightly intrude into setback area
less than 6 metres from the seaward                                                           however this intrusion will not impact
boundary of the site.                                                                         on the coastal functions of the area.
PO5                                                AO5
Development within the Coastal Protection          A mix of native landscaping, such as       Complies – landscaping able to be
and Scenic Amenity Area is—                        ground covers, shrubs and trees, is
                                                   provided for a width of 5 metres from      provided along seaward boundary.
 1.   designed to protect character and            the seaward or rear boundary of
       scenic amenity and integrate with the       the site to    provide      adequate       Proposal able to comply with muted
       surrounding natural landscape and           landscape buffering to protect the         colour scheme - refer page 11 of
       skyline vegetation (see Figure AP3-         coastal         dune          system.      Attachment A.
       3A); and
 2.   finished predominately in colours and        Editor's Note—Refer to the Table 3.1
       hues of the surrounding natural             & 3.2 of PSP2 Landscaping for
       landscape.                                  suitable     coastal       species.

                                                   Editor's Note The following is a
                                                   useful guide for ensuring that buildings
                                                   blend with the natural surrounds.
                                                                 Page 6

Page 7

                                                External building materials that are
                                                lightweight        and        comprise
                                                predominantly timber or board,
                                                stainless steel, glass, and corrugated
                                                iron will generally be more in keeping
                                                with the beach/riverside character
                                                than concrete rendered block.

                                                Use external colours and roof finishes
                                                which are non-reflective and which do
                                                not cause glare. Shades that match
                                                the     colours   and      tones     of
                                                surrounding vegetation will ensure the
                                                buildings are less visually prominent
                                                from the beach or the water.

                                                Appropriate wall colours will depend
                                                on the existing native vegetation and
                                                backdrop, but may include muted
                                                earth/environmental tones that blend
                                                with the natural environment, such
                                                as–
                                                       green;
                                                       olive green;
                                                       blue green;
                                                       grey green;
                                                       green blue;
                                                       indigo;
                                                       brown;
                                                       blue grey; and
                                                       green yellow.
PO6                                             AO6.1
Rear fences adjacent to the beachfront within   Rear fences adjacent to the beachfront           Proposal able   to   comply   with
the Coastal Protection Area are designed        within the Coastal Protection Area
and sited to be sympathetic with the visual     incorporate         the         following—       requirements.
amenity of the beachfront and do not
degrade the natural beachfront character.            a)    height of no more than 1.2
                                                           metres; and
                                                     b)    open construction (ie at least
                                                           50% transparent);
                                                     c)    lightweight materials (eg. timber);
                                                           and
                                                     d)    dark colours to blend with the
                                                           natural landscape.

                                                AO6.2
                                                Gates are not installed in fences as
                                                direct access to the beachfront does
                                                not occur.

                                                AO6.3
                                                Only beach access points for use by
                                                the community are constructed.




5. CONCLUSION
The development proposal is considered to be consistent with the character of the area with the dwelling
stepping down the site and incorporating modern design elements.

This application can be supported on a number of grounds as previously detailed. These grounds include:
             The proposed dwelling respects the topography of the site by stepping down the slope;
             The proposed dwelling is consistent with the character of the area which includes a mix
              of contemporary designs and older houses;
             The dwelling has been located to provide good landscape setbacks to the front and rear
              of the lot;

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Page 8

          The areas of setback intrusions are minor and do not impact on the amenity of the area;
          The area of height intrusion are minor and located away from the street and adjoining
           properties and will not impact on the amenity or character of the area.
          The proposed form of the building is consistent the scale of development that has
           occurred in the surrounding area.

The Assessment Manager’s favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.



Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




                                              Page 8

Page 9

Attached separately
___________________________________________________________________________________

Attachment A– Proposal Plans




                                      Page 9

The supporting record

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