planning report Duplex · 131998.981050.1

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Contents
1.0     SUMMARY.........................................................................................................................................................3
2.0     SITE DETAILS......................................................................................................................................................3
3.0     BACKGROUND ...................................................................................................................................................4
3.1     Existing Approval ..............................................................................................................................................4
3.2     Breach Action ....................................................................................................................................................5
4.0     PROPOSED DEVELOPMENT DETAILS .................................................................................................................5
5.0     PLANNING ASSESSMENT ...................................................................................................................................6
5.1     Assessment Matters..........................................................................................................................................6
5.2     Site Cover ..........................................................................................................................................................7
5.3     Rear Setback .....................................................................................................................................................8
6.0     CONCLUSION .....................................................................................................................................................9



Client Name:          J Biggs
Prepared by:          Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:              1
Date:                 27 June 2019



This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective 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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1.0   Summary

Proposed development:           Minor Change to Existing Approval 12612DA

Site address:                   Units 1 & 2, 25 Elanda St, Sunshine Beach
Real property description:      1 & 2 SP120747
Site area:                      Total Site Area = 774m2
                                Lot 2 = 232.1m2
Assessment manager:             Noosa Council
Owner details:                  Lot 1 - Andries Theo Knoll
                                Lot 2 - SC Biggs Pty Ltd
State Planning Policy:          Nil
Regional Plan:                  Urban Footprint
Noosa Plan Zone:                Semi-Attached Housing
Applicable Overlays:            Nil
New Noosa Plan Zone:            Medium Density Residential
Applicable Overlays:            Nil
Referral Agencies:              Nil




2.0   Site Details

Site characteristic          Description

Existing land use            Duplex Dwelling

Frontage and access          15m to Elanda Street

Topography and views         The site is relatively flat with a slight slope to the east at the rear of
                             the site.

Existing vegetation          No vegetation is proposed to be removed as part of the change.

Surrounding development      East – Duplex dwellings at 23, 25 and 27 Duke St with floor levels 2m
                             below the adjoining boundary fence. Each of the duplexes include
                             pools within their rear setback area.
                             South – An existing house with a rear setback of less than 2m.
                             North – An existing house with substantial vegetation in the rear
                             setback.




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Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System


3.0      Background

3.1      Existing Approval
On the 25 August 1998, Council issued an approval for a duplex dwelling (12612 DA). The building
was subsequently constructed with the proposed pool not being built as shown on the approved
plans below.




Figure 2: Existing Approval Site Plan



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3.2      Breach Action
On the 1 May 2019, Council issued a breach letter regarding the use of the downstairs unit 2 area
as a self-contained unit. To resolve the matter, Council suggested removing the unapproved section
and complying with the approved plans.
The owner of unit 2 has resolved to not use this downstairs unapproved area, as the proposed
development cannot comply with the minimum 0.45:1 plot ratio requirement. In this regard, the
following photos show this downstairs area has been decommissioned and is being used as a
storage space and not for habitable purposes.




Figure 3: Photos of the Lower Ground Floor Areas east of the existing stairwell (22 June 2019).


In addition to the breach letter, Council also verbally raised the issue of the outside decks on the
middle floor being constructed further east than originally approved. This application seeks approval
for the existing deck areas which do not comply with the existing approved plans and conditions of
12612 DA.



4.0     Proposed Development Details
The application seeks approval to change conditions 15 (approved plans) and 16 (4m rear setback)
of 12612 DA, to allow for the existing decks on the middle floor. The existing deck is setback 2.5m
from the rear boundary for unit 2, 2.0m to unit 1 and 1.6m from the dividing fire wall. The proposal
extends the useable deck area from 12m2 (4.5m x 2.7m) to 20m2 (4.5m x 4.6m) each, as shown
below.




Figure 4: Proposed updated site plan and elevations




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Figure 5: Site photo and aerial photo of existing deck


5.0     Planning Assessment
The unenclosed deck extension appears to have been constructed more than 20 years ago (around
the same time as the rest of the building) to increase the middle floor’s outdoor useable space, which
adjoins the kitchen and living areas. The decks are approximately 1.8m above natural ground level
and do not contain a floor beneath it. Existing mature vegetation is located between the deck and
the rear property boundary.

The Council’s delegated planning report indicates the building was constructed with a site cover of
40% (309m2) and condition 16 allowed for the modification of the rear setback on the middle floor
including the outermost projection of the separating wall and privacy screens... to a minimum of 4
metres with a minimum average setback of 4.5 metres.

The deck extension (as constructed) increases the site cover by 16m2 (42% ~ 325m2), and the
building is setback 1.6m from the rear boundary (to the fire wall between units 1 and 2).


5.1      Assessment Matters

A minor change under The Planning Act 2016 must not result in substantially different development;
not cause the inclusion of prohibited development; require referral to additional agencies; or public
notification (if not required originally). The proposal seeks to formalise a constructed deck, which
was not included on the existing approval. There are no additional referral agencies, public
notification was originally undertaken, the development does not include prohibited development
and/or result in substantially different development.

In accordance with Section 81 of The Planning Act 2016, when assessing a minor change Council
must only have regard to the relevant information within the application; any properly made
submission at the time of the original approval; all matters the Council would, or may assess against,
or have regard to if the application were a development application; and any other matter the Council
considers relevant.

There were no submissions to the original approval and was approved under the Superseded
Planning Scheme. The Noosa Plan is the current Planning Scheme and The New Noosa Plan has
been publicly notified with submissions currently being considered by Council.




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5.2       Site Cover

Both the Noosa Plan and New Noosa Plan both seek for a maximum site cover of 40%. However,
the definitions and Specific/Performance Outcomes for site cover have slightly changed from The
Noosa Plan to The New Noosa Plan as described below.

 The Noosa Plan                                            The New Noosa Plan
 site cover means the proportion of a site covered by      site cover of development, means the portion of the site,
 all buildings and structures shown as a percentage. For   expressed as a percentage, that will be covered by a building
 enclosed spaces this includes the area within the         or structure, measured to its outermost projection, after the
 outside wall and for unenclosed spaces this includes      development is carried out, other than a building or structure,
 the area measured along a line 600mm in from the          or part of a building or structure, that is—
 perimeter of the roof. Site cover includes garages and
 other roofed outbuildings but does not include            a) in a landscaped or open space area, including, for
 landscape structures such as in-ground pools and             example a gazebo or shade structure or;
 decks.                                                    b) a basement that is completely below ground level and
                                                              used for car parking; or
 *deck means an external constructed floor which is not    c) the eaves of a building; or
 higher than 1m above the natural ground surface.          d) a sun shade.
 Eastern Beaches Locality Code                             Medium Density Residential Zone Code
 O6 The site cover, gross floor area and plot ratio of     PO7
 buildings and other roofed structures—                    Development:
 a) results in a building scale that is compatible with    a) is of a scale compatible with surrounding development
      surrounding development;                                 and the particular circumstances of the site; and
 b) does not present an appearance of excessive            b) does not present an appearance of bulk to adjacent
      bulk to adjacent properties, roads or other areas       properties, roads or other areas in the vicinity of the site.
      in the vicinity of the site;
 c) maximises the retention of existing vegetation
      and allows soft landscaping between buildings;
 d) allows for adequate area at ground level for
      outdoor recreation, entertainment, clothes drying
      and other site facilities; and
 e) facilitates onsite stormwater management and
      vehicular access.

The changes to the definition are attributed to the standardising of the Queensland Planning
Provisions (QPP), and allow for large standalone gazebos, shade structures and eaves in excess of
600mm to be constructed without being counted as site cover.

Under The New Noosa Plan provisions, a large gazebo could be constructed within the outdoor
landscaped areas and all eaves extended without contributing to site cover, which could present as
a more bulkier presentation and less overall permeable site area. The existing deck area is
uncovered and 1.9m above a permeable landscaped area. Existing vegetation up to 4m in height
surrounds the deck along its eastern and southern sides which helps to screen any appearance of
excessive bulk to adjacent properties.


Although slightly exceeding the 40% requirement, it is acknowledged that a house may also be
constructed on the site with a site cover of 50%. The existing deck is of a scale compatible with
surrounding development and the circumstances of the site, consistent with the Outcomes of both
The Noosa Plan and The New Noosa Plan.




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5.3       Rear Setback

Both Planning Schemes require a 6m rear setback for duplex developments within this part of
Sunshine Beach. However, a dwelling house may be allowed to be constructed up to the boundary,
provided no part of the building protrudes beyond a projection line that rises from 1.8m above ground
at the property boundary. The proposal meets the setback requirements for a detached house, but
not for a duplex.

A picture of the deck areas looking east towards the ocean and rear boundary are provided below.




Figure 5: Site photo of existing decks looking east (unit 1 on left and unit 2 on right)

The relevant Specific/Performance Outcomes for setbacks under the relevant planning scheme are
described below.

 The Noosa Plan                                           The New Noosa Plan
 Eastern Beaches Locality Code                            Medium Density Residential Zone Code
 O5 Buildings and other structures are appropriately      PO10
 designed and sited to—                                   Buildings and structures are designed and sited to:

 a)   provide amenity for users of the premises as well   a)   provide a high level of amenity to users of the
      as preserve the visual and acoustic privacy of           subject site and adjoining premises,
      adjoining and nearby properties;                         including provision of visual and acoustic privacy;
 b)   provide adequate distance from adjoining uses;      b)   not unreasonably obstruct views or cause overlooking
 c)   preserve any existing vegetation that will buffer        of private open space or habitable areas of adjoining
      the proposed building;                                   premises;
 d)   allow for landscaping to be provided between        c)   provide adequate distance from adjoining land uses;
      buildings and street frontages and between          d)   preserve existing vegetation that will help buffer
      neighbouring buildings;                                  development;
 e)   maintain the visual continuity and pattern of       e)   allow for space and landscaping to be provided between
      buildings and landscape elements within the              buildings including adequate area at ground level for
      street; and                                              landscaping with trees, shrubs, outdoor living and
 f)   protect the natural character and visual amenity         utilities;
      of the beachfront.                                  f)   be consistent with the predominant character of the
                                                               surrounding area; and
                                                          g)   protect the natural character and avoid adverse impacts
                                                               on ecologically important areas such as national parks,
                                                               waterways and wetlands

The difference in ground floor levels between the Duke Street duplexes and the subject properties
results in the developments looking over the top of the adjoining neighbours to the east. A 2m high
fence exists along the eastern boundary and much of the acoustics from the house are not focussed
on the Duke Street properties.




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The adjoining house to the south of the site (27 Elanda Street) is constructed within 2m of the rear
boundary to take advantage of the elevation over the top of the Duke Street properties and enjoy the
ocean views to the east. The existing deck is finished at a lower level than the adjoining development
at 27 Elanda St and maintains the visual continuity and pattern of developments along Elanda Street,
consistent with the predominant character of the area.

There is also substantial mature vegetation along the eastern property boundary, allowing for limited
opportunities to from the decks towards any open space areas on adjoining properties. The
vegetation is to be retained and has enough area to be further supplemented with appropriate
screening species at ground level.

The existing deck extension is small scale and appropriately sited to match in with the existing
building and outdoor living areas, whilst also providing for a high level of amenity to users of the
subject site and adjoining premises.


6.0      Conclusion
The proposed minor change to the existing approval for a duplex dwelling (12612 DA) to formalise
an existing deck on the middle floor is not considered substantially different development. The
existing deck increases the outdoor living space accessible from each of the duplex units
living/kitchen spaces from 12m2 to 20m2.

The assessment finds the minimal increase in the site cover as a result of the change is compatible
with surrounding development and the circumstances of the site. The rear setback encroachment is
also appropriate (in this instance), as the site affords existing mature landscaping to neighbours and
retains the amenity of users of the site and adjoining properties.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended, subject to the following wording changes to conditions 15 and 16 of 12612
DA (deleted strikethrough, additions bold underlined):

15.    Development undertaken in accordance with this approval must generally comply with the
       approved plans of development. The approved plans are numbered 9801TP01 to 03
       prepared by ACArch and dated April 1998 (Amended June 2019) and as may be amended
       by these conditions.

16.    Modification of the rear building setback for the upper level deck is approved as shown on
       the proposal plan. Modification to the rear setback in relation to the lower level (middle floor)
       including the outer projection of the separating wall and privacy screens is approved to a
       minimum setback of 4 metres with a minimum average setback of 4.5 metres.

Please contact me if you require any further information and/or clarification with respect to the above
application.




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