Delegated Report - Code - Planning MCU18 0119 · MCU18/0119

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0119
Applicant	Coastal Building Certifications Pty Ltd
Proposal	Material Change of Use - Detached House
Properly Made Date	24 July 2018
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	26 September 2018
Report Completed Date	12 September 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	102 Lorikeet Dr Peregian Beach Qld 4573
RP Description	Lot 524 P 93121
Land Area	513 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beach
Zone	Detached Housing
Overlays	Natural Resource Overlay – Coastal Protection
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House. The site is located in a Coastal Protection area and thus requires a planning assessment. The dwelling is a 2 storey (3 levels including basement level). Refer Figure 1 – Subject site and proposal plans are provided below.

site details
Background
The site previously had a dwelling on site which has recently been removed to facilitate a new dwelling.
Site Description
The site is a relatively level and at street level block located on the eastern side of Lorikeet Drive.

Figure 1 – Subject site

Surrounding Land Uses
The surrounding sites to the north, south and west are detached dwellings.  Vegetated dunes and the ocean is located to the east of this 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:
Detached House Code
Natural Hazard overlay Code
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	40% max	29 bottom & 23 top %	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5-2.0 metres 1.5-2.0 metres 6 metres min	6 metres 1.5-2.0 metres 1.2 metres for pool to northern boundary 6 metres	X
Coastal Protection
There is no Coastal Building line identified in Peregian Beach. The proposed development is setback 6 metres from the rear (eastern) property boundary.  The proposal 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.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
Not applicable.
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 MCU18/0119 for a Material Change of Use - Detached House situated at 102 Lorikeet Dr Peregian Beach Qld 4573 and described as Lot 524 P 93121, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0119
Street address:	102 Lorikeet Dr Peregian Beach Qld 4573
Real property description:	Lot 524 P 93121
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.	Rev.	Plan/Document Name	Date
Sheet 2/32	A	Proposed Site Plan, drawn by Reitsma	29 June 2018
Sheet 3/32	A	Basement Level Floor Plan, drawn by Reitsma	29 June 2018
Sheet 4/32	A	Ground Level Floor Plan, drawn by Reitsma	29 June 2018
Sheet 5/32	A	First Level Floor Plan, drawn by Reitsma	29 June 2018
Sheet 9/32	A	Elevations 1+2 (south and west) , drawn by Reitsma	29 June 2018
Sheet 10/32	A	Elevations 3 + 4 (northern and eastern), drawn by Reitsma	29 June 2018
Sheet 11/32	A	Section 01a, drawn by Reitsma	29 June 2018
Sheet 12/32	A	Section 01b, drawn by Reitsma	29 June 2018
Sheet 13/32	A	Section 02a, drawn by Reitsma	29 June 2018
Sheet 14/32	A	Section 02b, drawn by Reitsma	29 June 2018
Sheet 18/32	A	Roof Layout Plans, drawn by Reitsma	29 June 2018
Site Access and Driveways
A sealed access driveway must be provided from Lorikeet Drive to the parking area of the development. The works must be generally accordance with Council’s Standard Drawings RS-049 and RS-050.
Landscaping
A minimum of 20 x tubestock native coastal species (trees or shrubs) must be planted, established and maintained for the life of the development between the house and the eastern property boundary to improve dune stability in that area.
Building Height
The proposed dwelling must not exceed 8 metres from natural and finished ground level.
Built form
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
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
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.
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.
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:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
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.
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	Private Certification
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT