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40 arakoon cres change · 131999.982857.1

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      Development Application
          Planning Report


      Minor Change to Existing Approval
    (alterations to existing dwelling house)
17603 DA – MCU in Sand Dune Problem Area
situated at 40 Arakoon Cres, Sunshine Beach
               (Lot 802/RP48111)




                                               Page 1 of 14
Full text of the other 13 pages

Page 2

Contents
1.0     Summary ......................................................................................................................... 3
  1.1       Development application details ............................................................................................. 3
  1.2       Planning instrument details ..................................................................................................... 3
  1.3       Referral agencies ..................................................................................................................... 3
2.0     Site details ....................................................................................................................... 3
  2.1       Site description ....................................................................................................................... 3
  2.2       Surrounding land uses ............................................................................................................. 5
3.0     Proposed development details ......................................................................................... 5
4.0     Planning assessment ........................................................................................................ 7
  4.1    Minor Change Test .................................................................................................................. 7
   4.1.1      Deciding the Request ....................................................................................................... 9
  4.2    The New Noosa Plan 2020 ....................................................................................................... 9
  4.3    Key issues ............................................................................................................................. 12
  4.3.1    Building Height in Storeys .................................................................................................. 12
  4.3.2    Setbacks ............................................................................................................................ 13
  4.3.3    Garages ............................................................................................................................. 13
5.0     State assessment and other matters .............................................................................. 14
  5.1     State interests ....................................................................................................................... 14
   5.1.1 Matters established in the Planning Regulation ....................................................................... 14
   5.1.2 State Planning Policy ............................................................................................................... 14
6.0     Conclusion ..................................................................................................................... 14




Client Name:        Sofia Velosa and Ben Edwards
Prepared by:        Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:            1
Date:               8 March 2021




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.




                                                                                                                                     Page 2 of 14

Page 3

1.0 Summary

1.1 Development application details
 Proposed development:             Minor Change to Existing Approval - 17603 DA – MCU in Sand
                                   Dune Problem Area
 Site address:                     40 Arakoon Cres, Sunshine Beach
 Real property description:        802/RP48111
 Site area:                        607m2
 Owner details:                    Sofia Velosa and Ben Edwards
 Applicant details:                Sofia Velosa and Ben Edwards c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:            Nil
 Regional plan:                    SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                      2014) – Urban Footprint.
 Planning scheme:                  The Noosa Plan 2020
 Zone:                             Low Density Residential zone
 Level of assessment:              Code – Table 5.9.4 – Building Work not associated with a MCU
 Applicable overlays:              Landslide Hazards Area
 Applicable codes:                 Low Density Residential Zone Code (Applicable provisions)
                                   Low Density Housing Code (Applicable provisions)


1.3 Referral agencies
Nil


2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                   Description

 Existing land use        Detached House

 Frontage and access      12.5m to Arakoon Cres

 Topography and views The site falls away from the street to the north

 Previous Approvals       17603DA – MCU in Sand Dune Problem Area

 Easements                Sewer at bottom of site




                                                                                      Page 3 of 14

Page 4

Figure 1: Aerial view and site identification with Coastal Protection Overlay
Source: Noosa Council Mapping System




Figure 2: Sight Photos looking south from property boundary and Seaview Tce.




                                                                                Page 4 of 14

Page 5

2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

       North       Seaview Tce Reserve (Dog Beach Carpark)

       South       19 and 21 Arakoon Cres Houses (Higher side of one way road)

       West        42 Arakoon Cres (House)

       East        38 Arakoon Cres (House)




3.0 Proposed development details
The proposal involves substantial renovations to the existing dwelling house. The material palette
includes timber veneers and a new roof shape to renew the existing building. A comparison of the
existing and proposed buildings are included below:




   -    Lower Ground Level
           o Extend this living space to include a surfboard storeroom, bedroom and living area extending
              on to a pool.




                                                                                             Page 5 of 14

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-   Ground Level
       o Extend lounge, dining and kitchen areas with large deck
       o The original garage setback was located less than 1m from the Arakoon Cres boundary and
          the new design keeps this setback.




                                                                                     Page 6 of 14

Page 7

   -   Upper Level
          o Extend bedrooms on top of the garage and reduce the height encroachment.




4.0 Planning assessment
4.1     Minor Change Test
An assessment against the meaning of minor change and a response about the proposed application
is provide below. The Planning Act 2016 defines a minor change as a change to the approval that:

       i. would not result in a substantially different development*;
              (*In determining whether the proposed change would result in substantially different
              development, the assessment manager or referral agency must consider the
              individual circumstances of the development, in the context of the change proposed.)

              A change may be considered to result in a substantially different development if the
              proposed change:

                -   Involves a new use; or

       Response: The proposed development does not change the existing use or proposed use as
       a dwelling house.

                -   Results in the application applying to a new parcel of land; or

       Response: No new parcels of land are applicable.

                -   Dramatically changes the built form in terms of scale, bulk and appearance; or

       Response: The changes are generally consistent with the bulk, scale and appearance of the
       existing approval.

                -   Changes the ability of the proposed development to operate as intended; or

       Response: The site will still be used as a dwelling house.

                -   Removes a component that is integral to the operation of the development; or

       Response: There are no components being removed from the development integral to the
       operation of the development.

                                                                                       Page 7 of 14

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                -   Significantly impacts on traffic flow and the transport network, such as
                    increasing traffic to the site; or

       Response: No change.

                -   Introduces new impacts or increases the severity of known impacts; or

       Response: No new impacts are introduced.

                -   Removes an incentive or offset component that would have balanced the
                    negative impact of the development; or

       Response: The proposal does not remove an incentive or offset.

                -   Impacts on infrastructure provisions.

       Response: No change – The site is anticipated to be used for low density residential
       purposes.


       ii. if a development application for the development, including the change, were made
       when the change application is made would not cause—

              A. the inclusion of prohibited development in the application; or

       Response: The change does not include any prohibited development.

              B. referral to a referral agency, other than to the chief executive, if there were no
                 referral agencies for the development application; or

       Response: No referral agencies were applicable to the original application.

              C. referral to extra referral agencies, other than to the chief executive; or

       Response: No referral agencies are applicable to the existing or current development
       approval for an MCU. A referral has been made for the subsequent building approval.

              D. a referral agency to assess the application against, or have regard to, matters
                 prescribed by regulation under section 55(2), other than matters the referral
                 agency must have assessed the application against, or have had regard to, when
                 the application was made; or

       Response: The proposed change would not result in the chief executive having to consider
       matters additional to those considered when the application was made.

              E. public notification if public notification was not required for the development
                 application.

       Response: The change does not require the application to be publicly notified.

Given the above, the proposed change to the existing approval is a minor change in accordance with
Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.




                                                                                              Page 8 of 14

Page 9

4.1.1 Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to if the change application were a development application.

Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

       (a) the statutory instrument or other document as in effect when the change application was
       made (Superseded Planning Scheme); or
       (b) if the statutory instrument or other document is amended or replaced after the change
       application is made but before it is decided—the amended or replacement instrument or
       document; or
       (c) another statutory instrument—
                (i) that comes into effect after the change application is made but before it is decided;
                and
                (ii) that the responsible entity would have been required to consider if the instrument
                had been in effect when the development application for the development approval
                was properly made.



4.2      The New Noosa Plan 2020

The changes require assessment against the specific provisions of the Low Density Residential and
Low Density Housing Zone Codes. An assessment against the relevant provisions is provided below
with further assessment regarding the noncompliance provided thereafter.

Table 3: Summary of development aspects and
 Provision        Code Provision                                  Proposal                            Compliance

 PO5         –    AO5.1
 Secondary
 Dwellings        No more than one secondary dwelling is provid   No secondary dwelling proposed      Y
                  ed on any site regardless of site area.
                  AO5.2
                  A secondary dwelling:
                  a.   has a maximum gross floor area of 65m²;
                  b.   has no more than two bedrooms; and
                  c.   does not occur on any property
                       covered by a Building Unit Plan.

 PO7 - Building   AO7.1                                           Building Height in Metres
 Height           Buildings and structures are no more than 8 m
                  etres in building height and do not exceed 2    The existing building is >8m in     PO
                  storeys.                                        height relative to Natural Ground
                                                                  Level.
                  AO7.2
                  Where excavation is required, the maximum p     The new roof reduces the scale
                  ortion of the exposed external façade of the    of the encroachment from 1.3m
                  building cannot exceed 8m in building height.   to 0.7m along the eastern
                                                                  façade, and from 2.6m to 2.4m
                  Editor's note—refer to Figure AP313A            along the western façade.
                                                                  Building Height in Storeys
                                                                  The existing building is three
                                                                  storeys in section. The proposal
                                                                  reduces the prominence of any       PO
                                                                  three storey encroachments.

                                                                                                       Page 9 of 14

Page 10

PO8   –     Site   AO8.1                                              (180m2) 30% for all storeys     Y
Cover              Site cover of all buildings and structures on
                   site does not exceed:
                       a)   for a single storey building – 50%
                       b)   for a building of 2 storeys –
                            i) 50% for one of the storeys; and
                            ii) 30% for the other storey; or
                            iii) 40% for both storeys.




PO9 – Setbacks     AO9.1
                   Front – 6m                                         0.5m                            PO
                   Side (west) – 1.5m to 2.5m                         1.9m                            PO
                   Side (east) – 1.5m to 2.5m                         0.5m                            PO
                   Rear (<550m2) - 1.5m to 2.5m (reserve)             19.8m                           Y

PO12          –    2 or more of the following features fronting the   Window and porch fronting the   Y
Streetscape        street:                                            street.
                       -    Verandah
                       -    Porch
                       -    External stairs
                       -    Awning
                       -    Windows

PO13          –    AO13.1
Garages
                   No more than 3 garages and total width of 6.7m     6.0m presentation (48%)         PO
                   to the street or 40%

PO14          –    Limited to no more than 6m wide and not            Lower level not considered a    N/A
Basements          encroach into side setback.                        basement.




                                                                                                      Page 10 of 14

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PO15           –   Driveways have a maximum width of 6 metres           6.0m                                  Y
Driveways          within the property and only one footpath
                   crossing is provided per property as part of the
                   driveway.

PO16 –      Roof   AO16.1
Design
                   5 degree roof pitch and eaves to 75% of              Not Applicable                        N/A
                   dwelling  (Not    applicable to  Coastal
                   Communities or Noosa Heads).
                   AO16.2
                   Parapets do not exceed 50% of the width of the       No parapets                           Y
                   front façade.
                   AO16.3
                   Development does not include rooftop terraces.       No rooftop terrace                    Y
                                                                        (see commentary about storey
                                                                        and height)

PO19           –   AO19.1
Earthworks
                   Cut or fill is less than 1.5m in depth relative to   No additional cuts or fill proposed   Y
                   Natural Ground Level.

PO20 – Colours     AO20.4
                   Are finished with exterior colours of moderate to    Finished in timber recessive          Y
                   darker shades of olive green, brown, green,          colours – improvement on the
                   blue, charcoal or wood stains that blend with the    existing colour scheme.
                   colour       and         hues         of      the
                   surrounding vegetation and landscape.

AO21          –    AO21
Drainage
                   Filling and excavation for operation works are       Existing and proposed roofwater       Y
                   designed and constructed to ensure overland          is to be directed to the street and
                   flow and/or flooding is not worsened, impeded,       existing detention pit to ensure
                   or otherwise diverted to adversely affect other      non-worsening of water to
                   properties or downstream environments.               adjoining properties.

AO22LDHC      –    AO22.1
Landslide
Hazard             Development, including access, is not located        The site is partially located in a    Y
                   on land identified as a landslide hazard area on     Landslide Hazard Overlay Area
                   a Landslide Hazard Map.                              (Medium Hazard area). The
                                                                        development proposes additions
                   AO22.2                                               to the existing building and no
                   Development, including associated access, is         new footings or earthworks.
                   located outside moderate, high and very high
                   landslide hazard areas and areas with
                   15% slope or greater, as determined by a site-
                   specific slope-analysis;

                   Editor's Note—A site- specific geotechnical
                   assessment may be used to demonstrate that


                                                                                                              Page 11 of 14

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                   although the proposed development is shown
                   on the Landslide Hazard Overlay as being in
                   the moderate, high or very high landslide
                   hazard area, the landslide risk is low or very
                   low.

                   OR
                   AO22.3
                   A site-specific geotechnical assessment is
                   prepared by a registered professional engineer
                   to certify that:
                        -   the stability of the site, including
                            associated          buildings        and
                            infrastructure, will be maintained and
                            operational for the life of the
                            development;
                        -   the site is not subject to the risk of
                            landslide activity originating from other
                            land, including land above the site;
                            and
                        -   development of the site will not
                            increase the risk of landslide activity
                            on other land;
                   AO22.3
                   A site-specific geotechnical assessment is
                   prepared by a registered professional engineer
                   to certify that:
                        -   the stability of the site, including
                            associated          buildings        and
                            infrastructure, will be maintained and
                            operational for the life of the
                            development;
                        -   the site is not subject to the risk of
                            landslide activity originating from other
                            land, including land above the site;
                            and
                        -   development of the site will not
                            increase the risk of landslide activity
                            on other land;
                   Editor's Note— PSP8 Natural Hazards provides
                   further guidance on assessing landslide hazard.
                   AO22.4
                   Any      specific   measures    identified  in
                   a site specific geotechnical assessment for
                   stabilising the site or development are to be
                   fully implemented.



4.3      Key issues
4.3.1    Building Height in Storeys

The Performance Outcomes (PO7) seek for buildings to not exceed two storeys. The existing
building is three storeys in section and over 8m relative to Natural Ground Level. The relevant
purpose and overall outcome are included below:
   a)   The distinct look and feel of existing residential neighbourhoods is retained, and development makes a positive
        contribution to the streetscape, maintaining the low density and low scale character.

   m) Development responds to land constraints including topography, bushfire and flood.


The proposed changes reduce the extent of three storey encroachment by setting back the top floor
and including a large void area above the second floor living area.


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Page 13

The proposed modifications to the existing building do not propose any additional substantial
earthworks, rather provides for more useable areas on the lower levels for use by the long-term
owners.

The predominant character of the area are split level buildings designed to complement the landform
changes and the scale of surrounding vegetation. The cosmetic changes to the building make a
positive contribution to this part of the Low Density Residential zone within Arakoon Crescent, while
maintaining the low density character on the sloping site, consistent with the purpose and overall
outcomes.

Although not meeting the performance outcome, the application is considered to meet the overall
outcomes and in accordance with the delegations of Noosa Council (p.98), a Council planner may
exercise the delegation and approve the changes.

4.3.2    Setbacks
The proposed changes bring part of the two-storey building bulk over the garage allowing for a single
sloping roof design following the contours of the land. Although not meeting the 6m setback
requirement, the design provides for a garage in the location of the existing garage (<0.5m) and
includes a sloping roof form for the second storey, which is a sympathetic design response to the
street. This part of the street at the end of a dead end road, which is set down hill from other houses
on the high side of Arakoon Crescent, resulting in the development not impacting any views of
neighbours.

The design is also consistent with this part of the street which includes garages close to the
boundaries to account for the steep slopes of these downhill sites. The design proposes to remove
the existing unapproved bin store, include a new yellow line to discourage parking and relocate the
existing cabbage tree within the frontage to ensure a vegetated softening to the building bulk
consistent with the relevant outcomes pertaining to setbacks.

The overall side setbacks are improved compared to the existing built form with landscaped
pathways and screening provided to ensure the visual and acoustic privacy of neighbouring
dwellings. The architecturally designed building is appropriately integrated with the existing built form
and consistent with the character of the surrounding area in accordance with the Performance
Outcomes of the Code.

4.3.3    Garages

The relevant Performance Outcomes pertaining to garages seek for these structures to be visually
integrated with the dwelling and avoid dominating the street. The proposed garage replaces the
existing 6m wide double garage and provides for a ‘charred timber cladding’ finish consistent with
the building façade. Together with a new timber batton pivot gate recessed along the western
entrance, the design provides a good architectural response to the narrow frontage, while allowing
for vegetation to be provided along Arakoon Crescent to improve the streetscape appearance.




                                                                                            Page 13 of 14

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5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part.

Development in the erosion prone area, as shown on the SPP interactive mapping system, will be
subject to assessment against the assessment benchmarks – natural hazards, risk and resilience
within the State Planning Policy. An assessment is provided below.

 State interest              Assessment against assessment benchmark
 Natural Hazards             The site is located within the Erosion Prone Area of the SPP, however
 (Coastal)                   not located within a coastal management district. The development is
                             located away from the coast so as to not cause a risk to people and
                             property.


6.0 Conclusion
This application seeks a change to the existing approval for a dwelling in the sand dune problem
area situated at 40 Arakoon Cres, Sunshine Beach. Although previously assessed under the
Superseded Strategic Plan 1996 - the proposed development would be code assessable against
The Noosa Plan 2020. The development has been assessed against The Noosa Plan 2020 as part
of the weighting exercise of S.81 of the Planning Act and found to generally meet the relevant
Performance and Overall Outcomes.

The proposed changes are in keeping with the existing approval and the further assessment finds
the development meets all Performance Outcomes of the applicable codes. The Assessment
Manager’s favourable consideration of the above development application is therefore
recommended.




                                                                                         Page 14 of 14

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