2022-09-06 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               6 SEPTEMBER 2022


Fifthly, the Building Code of Australia establishes criteria and standards for a range of things,
including the structural adequacy of buildings, the fire resistance of buildings and criteria for the
health and amenity of residents. Those criteria and standards have application across Australia. It
is difficult to understand in those circumstances why it would be concluded that the rooms, the
subject if Condition 5, are habitable rooms but otherwise not suitable as a bedroom when the
Building Code of Australia does not draw that distinction.
Finally, even assuming that Condition 5 may be lawful in the sense required by s65(i) of the PA, a
planning purpose for the disputed condition does not exist in the Noosa Plan 2020.
Assessment of Representation
The original condition was included in response to the requirements of PO8 of the Sustainable
Building Code which states:
Development –
   a. orientates buildings and windows to make the most of prevailing winds, natural ventilation
      and cross breezes;
   b. maximises shade to east and west walls;
   c. contains an open and permeable built form that connects indoor and outdoor spaces in an
      integrated design;
   d. retains existing vegetation and natural shading where possible;
   e. incorporates passive building design to reduce the need for auxiliary heating and cooling;
   f.   uses low toxic internal and external building materials;
   g. uses natural light rather than artificial light, and may include skylights, atriums and
      light wells;
   h. contains a minimum of two openings per habitable room;
   i.   provides a minimum floor to ceiling height of 2.7 metres; and
   j.   enables efficient operation and use of the building.
The proposed rooms, with doors and sliding window, are considered to comply with the
requirements of PO8 as two openings are provided, and the window allows natural light into the
room via windows adjacent to the balcony.
Whilst it would be preferred that the openings were provided to two different walls and for the
window to be located on the face of the building the proposed design reasonably complies with the
requirements of PO8.
Accordingly, it is recommended that the condition be deleted.
This requires an updated Infrastructure Charges Notice to reflect the change of 16 of the 1-
bedroom units to 2 bedroom units.


Condition 14
Security in the Form of a cash bond or trading bank guarantee to the sum of $50,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to a pre-start
meeting. The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Applicant’s Representation
We conclude that Condition 14 is neither reasonable nor relevant as prescribed under the Planning
Act 2016 and should be removed. The condition is ambiguous in terms of release as conditions

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