Delegated Report - Code - Planning MCU22 0032

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0032
Applicant	Suzanne Elizabeth Meldrum
Proposal	Material Change of Use - Dwelling house
Properly Made Date	20 April 2022
Information Request Date	13 May 2022
Information Response Date	15 June 2022
Decision Due Date	24 August 2022
Report Completed Date	24 August 2022
Report Reviewed By	Patrick Murphy 29 August 2022

PROPERTY DETAILS
Property Address	4 Tristania Drive Marcus Beach Qld 4573
RP Description	Lot 101 M 11112
Land Area	782m²
Existing Use of Land	Vacant Land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential Zone
Precinct	Not Applicable
Local Plan Area	Coastal Communities Local Plan
Overlays	Land Subject to Acid Sulfate Soils Above 5 metres AHD to 20 metres AHD Bushfire Hazard Overlay Potential Impact Buffer Coastal Protection Overlay Landslide Hazard Overlay Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for a Dwelling house. The proposed dwelling house consists of four bedrooms, four bathrooms, study, kitchen, living and dining areas, terrace areas, a plant room, a pool and a lift.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Basement Floor Plan

Figure 4 – Ground Floor Plan

Figure 5 – Upper Floor Plan

Figure 6 – East Elevation

Figure 7 – North Elevation

Figure 8 – West Elevation

Figure 9 – South Elevation

Figure 10 – Section Plan

site details
Background
A planning application for a multiple dwelling development (9 units) was approved on 24 July 1980 (TPC 1172).
Site Description
The subject site is an irregularly shaped vacant lot. The site has road frontage to Tristania Drive and David Low Way. The site exhibits a slope from west to east and is currently heavily vegetated.
Surrounding Land Uses
Directly adjacent to the south of the subject site is a vacant lot, while directly north are multiple dwelling units. Surrounding land uses include a mix of dwelling houses, dual occupancies and multiple dwellings. David Low Way is directly adjacent to the west and Marcus Beach is located to the east.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Coastal Communities Local Plan Code;
Low Density Housing Code;
Works Codes;
Coastal Protection and Scenic Amenity Overlay Code;
Landslide Hazard Overlay Code
The subject site is located in Marcus Beach and is zoned Medium Density Residential. The proposed use is identified as a consistent use within 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
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.22 metres	X
Site cover	40% max	40%	
Gross floor area or Plot ratio	312m2 max 0.4:1	310m2 0.4:1	
Boundary setbacks Frontage (Tristania Dr) Side (north) Side (south) Rear (David Low Way)	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	4.25 metres 1.5 metres 1.7/2.3 metres 4.2 metres	X X
Landscaped open space	20% min	>20%	
Carparking	2 covered min	2 covered	

Building Height
Acceptable Outcome AO8.1 of the Medium Density Residential Zone Code requires a maximum building height of 8 metres. The proposed dwelling house has a maximum building height of 8.22 metres relative to natural ground level.
PO8
Buildings and structures:
are low rise and present a building height consistent with structures on adjoining and surrounding premises;
are designed to provide an interesting streetscape and complement landform changes and landscapes
do not visually dominate the street or surrounding area;
maintain a vegetated skyline;
do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
do not exceed two storeys.
Only a portion of the upper-floor terrace area is over the maximum 8 metre building height and as such the proposal is considered to comply with Performance Outcome PO8 as it will not visually dominate the street and will not unreasonably obstruct views or overshadow adjoining properties.

Figure 11 – Portion of Proposed Dwelling House Over Height

A portion of the proposed dwelling appears as three storeys from the front. The proposed dwelling house is not considered to be three storeys as the garage is stepped back from the front of the dwelling and on the upper floor only a portion of the outdoor terrace sits above the lower levels.

Figure 12 – Three Storey Element from Side Elevation

Setbacks
PO12
Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.

Front Setback
The proposed front setback is 4.25 metres in lieu of the required 6 metres as per Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code. It is noted that only a portion of the entry terrace and the upper-level terrace are within the front setback. A lesser setback is also considered to be appropriate in this instance due to the irregular shape of the front of the lot.
The proposed front setback is considered to comply with Performance Outcome PO12 as it will not impact on visual or acoustic amenity of surrounding properties and will not cause any issues of overlooking. The proposed dwelling house will be well setback from adjoining properties and is consistent with other properties on Tristania Drive (1 Tristania Dr: 4.2 metres, 11 Tristania Dr: 1.08 metres, 18 Tristania Dr: 4.5 metres).
Rear Setback
The proposed dwelling is setback 4.2 metres from the outermost projection of the western façade to the rear boundary. The rear boundary has frontage to David Low Way and as such a minimum setback of 6 metres is required. The proposed rear setback is considered to comply with Performance Outcome PO12 as it will not cause any issues of overlooking or obstruct views from neighbouring properties. Existing vegetation within the road reserve will also be preserved to further buffer the proposed dwelling from David Low Way.

Coastal Protection and Scenic Amenity Overlay
The subject site is located within the mapped Coastal Protection and Scenic Amenity Overlay and there is no coastal building line on the property. The proposal generally complies with the Coastal Protection and Scenic Amenity Overlay Code. Performance Outcome PO4 requires that ‘where a coastal building line does not exist on a lot fronting the beachfront or a reserve adjoining the beachfront, new buildings and structures are setback no less than 6 metres from the seaward boundary of the site’.
The property is separated from the beachfront by Tristania Drive and as such it is not considered to adjoin the beachfront. The proposed dwelling house is to be setback 4.25 metres from the front boundary and will be adequately vegetated within the front setback to help protect the scenic amenity of the natural landscape.

Stormwater Drainage Line
A Council stormwater drainage line runs along the southern end of the property from the David Low Way frontage to the Tristania Drive frontage. The applicant has submitted an engineering report that concluded the drainage line to be redundant and able to be removed.
Council’s Infrastructure assets team identified the drainage line as being necessary and has requested it be retained and an easement created. A subsequent condition has been included requiring the creation of an easement in favour of Council over the existing stormwater drainage line. The creation of an easement will impact on the proposed design as a portion of the southern end of the dwelling house will be situated in the easement location. As such, further amended plans will need to be submitted to Council with the creation of the easement and the application is therefore recommended for a preliminary approval.

Figure 12 – Stormwater Drainage Line
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency as the subject site is located within an area with potential for unexploded ordnance, and therefore the application required referral to SARA for assessment against the State Development Assessment Provisions (SDAP) v3, State Code 13: Unexploded Ordnance (State Code 13).
The Department has responded advising that the application can meet the performance outcomes of State Code 13, subject to a condition of approval to ensure the development is managed in a manner that protects human safety and the environment.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering officer – comments and conditions provided.
The significant engineering issue with the development of the site is the existing Council stormwater drainage line that runs through the site from the David Low Way frontage to the Tristania Drive frontage. There is no current easement to encompass the drainage line. The applicant has submitted an Engineering Report that concludes that the drainage line is redundant and can be removed.
The submitted report was referred to Council’s Assets section who undertook it’s own investigation. The investigation concluded that the line, while not being currently utilised to it’s full extent, was necessary and must be retained. The Assets section also requested that an easement be created over the drainage line.
In regard to the easement width it is considered that the width described in The Noosa Plan 2020 - Planning Scheme Policy 6 (4m width) is not reasonable in this instance. It was agreed that the width of the easement could be reduced to a minimum of 1.5m or “zone of influence” / depth=width criteria. Relevant conditions have been included.
The site is mapped in The Noosa Plan 2020 as being effected in part by the Landslide Hazard overlay. To address the overlay the applicant has submitted a Geotechnical Report that includes recommendations for the construction of the residence and the ongoing stability of the site. Relevant conditions have been included.

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 MCU22/0032 for a Material Change of Use - Dwelling house situated at 4 Tristania Dr Marcus Beach Qld 4573 and described as Lot 101 M 11112, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0032
Street address:	4 Tristania Dr Marcus Beach Qld 4573
Real property description:	Lot 101 M 11112
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Preliminary Approval for Material Change of Use - Dwelling House
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 00.0 – 09.0 prepared by Paul Clout Design and dated 15 June 2022. These plans must be amended in accordance with the conditions.
Amended plans must be submitted to Council prior to any further development applications being made and must include the following to the reasonable satisfaction of the Manager, Development Assessment:
An easement for drainage purposes registered in favour of Council against the title of the subject site. The easement must:
be centrally located on the surveyed location of the drainage line that traverses through the site
be a minimum of 1.5m or the “zone of influence” / depth=width criteria whichever is the greater
include terms that refer to Council’s standard terms document No 715597508
The setbacks to the front, rear and side boundaries, as detailed on the plans numbered 00.0 – 09.0 prepared by Paul Clout Design and dated 15 June 2022, must not be decreased.
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface, except for the roof area of the upper-floor outdoor terrace.
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.
This development approval lapses if the use has not happened by 24 August 2028, unless an application to extend the currency period is approved by Council.
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
A minimum of 20% of the site must be retained as soft landscaping.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
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.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
A sealed access driveway must be provided from Tristania Drive to all parking areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any associated addendum.
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  Stormwater discharged from the site must be discharged to the kerb and channel in Tristania Drive.
Kerb adaptors must be installed in the kerb at the discharge points and the maximum discharge permitted at any one location is 25l/sec.
An easement for drainage purposes must be registered in favour of Council against the title of the subject site. The easement must:
be centrally located on the surveyed location of the drainage line that traverses through the site
be a minimum of 1.5m or the “zone of influence” / depth=width criteria whichever is the greater
include terms that refer to Council’s standard terms document No 715597508
The easement must be granted prior to the commencement of any works associated with this approval.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
All works must be carried out in accordance with the recommendations contained in the Geotechnical Report – reference no: 220061 prepared by Lindsay Consulting Pty Ltd dated 25 March 2022.
At the completion of the development works 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 the Geotechnical Report – reference no: 220061 prepared by Lindsay Consulting Pty Ltd dated 25 March 2022 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
All earthworks and associated retaining structures/batters, both above and below ground level, both temporary and permanent, must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
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
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017) (Contaminated Land – Unexploded Ordnance)	The agency provided its response on 23 May 2022 (Reference No. 2204-28569 SRA). A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
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 work.
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.

[word/footer1.xml]
Page 3 of 7

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image10.png (image text)]
 

 

 

 

 

 

 

 

 

 

1 -manestene pANTHY KITCHEN Dinine Bqo4 TERRACE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION A-A

 

 

 

 

 


[Attachment: image11.png (image text)]
 

EAST ELEVATION


[Attachment: image12.png (image text)]
 

BED1 TERRACE GLASS BALUSTRADE

 

 

 

 

 

 

GUEST TERRACE

 

 

 

 

 

 

 

 

 

 

      

NATURAL

 

 

 

 

 

 

‘TO ENGINEER'S FUTURE DETAILS


[Attachment: image13.png (image text)]
2
‘3sp235644

2
spzasce4

 


[Attachment: image2.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

tor 100 | fo 12

 

 

 

 

 

FLAT ROOF

LOTT RP MH
TRISTANIA DRIVE,
CH

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

POOL

 

 

 

 

 

 

 


[Attachment: image3.png (image text)]
BASE!

 

 

 

 

400

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image4.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10260

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

0160

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GROUND FLOOR

   

soa ges

PLAN

 

 

 

 

 

 

 


[Attachment: image5.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FLOOR AREA ver oo
\zpenr.con Wy wosene FR
_— Be wf oonouy >A
| exer Sremcrece “rtm =
Coe DOME
S es — mornin ROD
© Fo puencouct «AN
SSS intarrsmees"="°"“* 2 boon +e
Mf ay w wmcow x
moat ee venren +
c= OF STE WORKS
yey. exo L 20 +
(aly
wy

LIPPER FIL NOR PIL AN


[Attachment: image6.png (image text)]
 

   

Boca Stonmeac EAST ELEVATION


[Attachment: image7.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

NORTH ELEVATION


[Attachment: image8.png (image text)]
a
i caus gione d
E sesh j

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WEST ELEVATION


[Attachment: image9.png (image text)]
i
if
--
UPPER FLOOR
--
—
GROUND FLOOR
-BASEMEN
BASEMENT
SOUTH ELEVATION
\