Delegated Report - Code - Planning MCU19 0008 · MCU19/0008

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU19/0008
Applicant	Andrew Peter Douglass Michelle Douglass
Proposal	Material Change of Use - Detached House in Coastal Protection Overlay
Properly Made Date	16 January 2019
Information Request Date	5 February 2019
Information Response Date	13 May 2019
Decision Due Date	17 June 2019
Report Completed Date	7 June 2019
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	22 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 793 RP 48111
Land Area	608 m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Biodiversity Overlay Natural Hazard Overly – Slide Hazard Natural Resource Overlay – Coastal Protection
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House within a Coastal Protection area. An existing dwelling is located on site which will be removed and the dwelling subject to this application will replace it. Refer to Figure 1 - Proposed Dwelling (Site plan, elevations)
Site Plan

Northern Elevation

Southern Elevation

Western Elevation
Figures 1 – proposed dwelling
site details
Background
The existing dwelling (within a sand dune problem area) and pool obtained approval in 1999, with an extension approved in 2007.
Site Description
The site is a rectangular lot with an existing dwelling located on site. The site has some native vegetation and slopes towards the eastern boundary. The eastern boundary of the site adjoins an environmental area, with the ocean beyond. The site is within an existing established residential area with established dwellings located to the west and south and a dwelling currently being constructed to the north. A public pedestrian laneway exists between the subject lot and the property to the north. Refer Figure 2 – Subject site.

Figure 2 – subject site
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Eastern Beaches Locality Code
Detached House Code
Natural Resources Overlay Code
Engineering Works Codes
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The proposed use is defined as a consistent use with the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site cover	50/30% or 40/40%	33 & 34%	
Landscaped open space & Soft landscaping Landscaping Setbacks	151.83 m² min	> 200m²	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Boundary setbacks Frontage Side (northern) Side (southern) Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5  metres min 15 metres min (Coastal overlay code)	1 metre 1.5 metres 1.5/2.0 metres (lift well at 0.3m and balustrade height only) 15 metres (with exception to 3 metre cantilevered deck)	X X X
Length of wall	15 metres max	< 15 metres	
Carparking	1 covered min	2 covered and scooter	
Coastal Protection Area
The proposed development is located in the Natural Resource Overlay – Coastal Protection Area. The 15 metre setback from the rear boundary is identified as the Coastal Building line. The Coastal Protection overlay allows for an uncovered, cantilevered deck only to encroach on this space at a maximum of 3 metres wide. The proposed development is setback 15 metres from the rear property boundary, with the exception of an uncovered, cantilevered deck which is setback 12 metres.  This is consistent with the solutions of the Overlay Code. Conditions are recommended for appropriate landscaping to be provided within the setback, appropriate fencing to the rear and for the development to be finished in suitable colours which will blend in with the natural environment.
Adequate landscaping has been provided for and retention of vegetation where possible will be conditioned as part of this approval.

The plans show a shed to be constructed on the seaward boundary.  A structure in the setback is not supported and accordingly not approved.  The plans will be annotated accordingly and a general condition stipulating that no structures or buildings are permitted in this setback.
Slope stability
The site is identified as located within a low landslip hazard area. A Slope Stability Assessment and Soil Test report were submitted with the application which has a number of recommendations associated with the construction of the new dwelling. Compliance with the recommendations of these reports will be conditioned as part of this approval.
Roof pitch
The proposed plans indicate the roof pitch is 5 degrees to the entire roof.  At some of the elevations, this is not externally viewable due to the architectural design, as the roofline slopes internally. Refer Figure 3 – roof pitch.

Figure 3 – roof pitch – viewed from the east
The dwelling has minimal eves, which are provided to the southern elevation.  The copper guttering, window design and other architectural features of the building provide shading and climate protection, thus serving the function that eves provide.  Refer to Figure 3.
The roof form and eve substitution of the proposed dwelling is consistent with other dwellings in Arakoon Crescent and those in Sunshine Beach.
Setbacks
Probable Solution S1.1 of the Detached House Code seeks a minimum side boundary setback of 1.5m to a building height of 4.5m and then a setback of 2.0m to a building height of 7.5m. The minimum setback is sought to retain the visual and acoustic amenity of users of the premises and to adjoining dwellings.
The application proposes:
Southern boundary:
The garage and bin storage is located on the southern boundary for a length of 5.6 metres at a maximum height of 4.5 metres. This complies with the Queensland Development Code (QDC). The lift well has limited setback at 300mm for a length of 2 metres at a height of 4.8m. The location and general height of these structures matches the height of the adjoining neighbours garage (refer Figure 4).
Figure 4
The top level garden beds range from 2.8-3.8 metres in height and are setback 1.5 metres, thus complying. However, the balustrading is at 1 metre in height, triggering a non-compliance with regard to the height/setback ratio at the south elevation. This results is a small area between 4.5-6.4m that is setback 1.5 metres, in lieu of 2 metres (for heights between 4.5-7.5m). Refer Figure 5 – Southern elevation.

Figure 5 – Southern elevation
There are no issues associated with this, as balustrading is visually permeable and has gardens viewable externally.
The edge of the roofline is setback 2.2m from this boundary, at a height of 6.5 metres at this elevation, which complies with the 2 metre setback requirement. Additionally, the actual building is setback 2.4m to the face of the building, which complies with the 2 metre setback requirement.
Northern Boundary:
The building is 1.5 m setback up along the entire northern façade, where the height ranges from 3.5 metres to the highest point of 7.5 metres in height. This is in lieu of 2m setback requirement for building heights between 4.5-7.5m. Refer to Figure 6 for the extent of the building setback 1.5m in lieu of the 2 metre requirement (area between yellow). A 3 metre wide pedestrian access road reserve separates the subject site from the site to the north. The dwelling to the north is setback between 1.5-2m from the side boundary and pedestrian access road reserve. This results in an approximate 6 metre setback between the two dwellings. Landscaping is proposed along this boundary. The proposed setback meets the Specific Outcome O1 of the Detached House Code.

Figure 6
Front Boundary:
The proposed dwelling is setback an average of 1 metre from the front boundary. The double garage, front entry, garden/courtyard and scooter parking is situated within this setback.  A garden area, identified as a courtyard situated behind timber slats takes up approximately 25% of the sites frontage which will be visible from the street through semi‐transparent battening. A garden bed is also proposed in the south western corner. The applicant proposes some dense landscaping that will be trained to horizontally align with the awning that will assist in softening the built form from the street. Refer Figure 1 – Western elevation.
This setback is largely characteristic of dwellings on the eastern side of Arakoon Crescent. Refer Figure 7.

Figure 7
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering

conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU19/0008 for a Material Change of Use - Detached House situated at 22 Arakoon Cres Sunshine Beach Qld 4567 and described as Lot 793 RP 48111, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU19/0008
Street address:	22 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 793 RP 48111
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Issue	Plan/Document Name	Date
DD10	DA	Proposed Site Plan, drawn by James Russell Architect (as annotated by Council)	06.06.2019
DD100	DA	Roof Level – Floor Plan, drawn by James Russell Architect	06.06.2019
DD101	DA	Level 2 – Floor Plan, drawn by James Russell Architect	06.06.2019
DD102	DA	Level 1 – Floor Plan, drawn by James Russell Architect	06.06.2019
DD103	DA	Ground level – Floor Plan, drawn by James Russell Architect	06.06.2019
DD200	DA	Proposed North Elevation, drawn by James Russell Architect	06.06.2019
DD201	DA	Proposed South Elevation, drawn by James Russell Architect	06.06.2019
DD202	DA	Eastern & Western Elevation, drawn by James Russell Architect	06.06.2019
DD300	DA	Proposed Section 1, drawn by James Russell Architect	06.06.2019
DD301	DA	Proposed Section 2 & 3, drawn by James Russell Architect	06.06.2019
DD303	DA	Proposed North Section A, drawn by James Russell Architect	06.06.2019
DD304	DA	Proposed South Section B, drawn by James Russell Architect	06.06.2019
DD305	DA	Proposed South Section C, drawn by James Russell Architect	06.06.2019
Building Height and Storeys
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
The dwelling must be constructed in accordance with basement definition in Noosa Plan.
Built form
No structures or buildings are to be located within the 15 metre setback to the eastern boundary.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. 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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
A mix of native landscaping, such as ground covers, shrubs and trees, is retained/provided for a width of 5m along the seaward/eastern boundary of the site to provide adequate landscape buffering to protect the character of the beachfront.
Existing native vegetation on the site must be retained, except where required to be removed to accommodate the approved dwelling.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Coastal Protection
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Site Access and Driveways
A sealed access driveway must be provided from Arakoon Crescent to all parking areas of the development. The works must be undertaken in accordance with a standard driveways application and be generally in accordance with Council’s Standard Drawings RS-049 and RS-050 and any associated addendums.
Construction Management Plan
A Construction Management Plan must be submitted to Council prior to any demolition works and must specifically address the following:
Traffic Management during all aspects of the demolition/construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on residential streets, especially prior to 7.00am. Further parked trucks must have engines turned off
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
For haulage operations involving significant volumes of fill material or excavated material being transported onto or off the site: details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with Stormwater Management Report, prepared by Westera Partners, dated 4 April 2019.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Earthworks
All cut and fill and associated batters must contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Fill material placed over services must not impose any additional surcharge loading on the service.
Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services). A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.
Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.
Other than for accessways, filling must not extend more than 1 metre beyond the footprint of the approved dwelling when measured from its outer walls.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Geotechnical Stability
All works must be carried out in accordance with the recommendations of the Geotechnical Stability Assessment prepared by Pacific Geotech Consulting Geotechnical Engineers and dated April 2019, Ref No. PG-2096.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in Geotechnical Stability Assessment prepared by Pacific Geotech Consulting Geotechnical Engineers and dated April 2019, Ref No. PG-2096. *(Refer to advisory Note)

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Infrastructure Charges
This Development Permit will not trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
Geotechnical
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for Operational Works the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes

property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works including demolition
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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