Delegated Report - Code - Planning MCU21 0222

Author	Consultant Planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0222
Applicant	Bevan Andrew Slattery Jodie Slattery
Proposal	Material Change of Use - Dwelling house
Properly Made Date	16 December 2021
Information Request Date	21 January 2022
Information Response Date	19 April 2022
Decision Due Date	5 August – extended until 2 September 2022
Report Completed Date	15 August 2022
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	Beaches Noosa 7/56 David Low Way Sunrise Beach
RP Description	Lot 7 SP 133491
Land Area	775m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Acid Sulfate Soils – Above 5m AHD Coastal Protection Overlay – Coastal Protection and Scenic Amenity
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house in the Coastal Protection and Scenic Amenity overly. The proposal includes a 3 level building and seeks variation to development parameters in relation to height, minor encroachments outside the building envelope, and Gross Floor Area.

The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plans

Figure 4 – Elevations
site details
Background
On the 12 October 1998 the Planning and Environment Court granted a Consent Permit (TPC2850) for a group housing development for 8 dwelling units over the subject land. A subsequent approval for the subdivision was granted in accordance with the court approval.
A plan of development (POD) was approved as part of the consent order and provides statutory development controls for the approved lots.
Over time various material change of use approvals have been issued over other lots.
Site Description
The site is a previously cleared lot 775m2 with frontage to the beach (at the rear boundary) and access from service road adjacent to David Low Way.
Surrounding Land Uses
Surrounding land uses include dwelling houses.
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:
Low Density Residential Zone Code;
Low Density Housing Code Use Code;
Coastal Protection Overlay Code.
The subject site is located in Sunrise Beach  and is zoned Low 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:
Plan of Development Criteria
Parameter	Conditions of Approval	Proposal	Comply
Building Height	8 metres; or Maximum Permissible Building Height (MPBH) levels indicated on the approved Section Plan – RL 26.08AHD Whichever is the lessor	8 metres RL 26.58m AHD	X
Building Envelope/ setbacks The building envelope sets out the required setbacks.	Front boundary - 3m	2.935m to a screening device	X
	South boundary – 3m	retaining wall 2.4m heigh  structure built to boundary and garage 1.5m Dwelling	X
	North boundary – 3m	Dwelling - 3m	
	Seaward boundary - 10m	Main dwelling – 10m	
Maximum Site Cover	40%	39.6 %	

Planning Scheme provisions
Criteria	Planning Scheme	Proposal	Complies
Building height Storeys	2 storeys max	3 storeys	X
Gross floor area	500 m² max	605 m²	X
Soft landscaping	144 min 20%	319+ m² 40%	
Carparking	2 covered min	4 covered	
Building Height
The POD requires the Maximum Permitted Building Height (MPBH) of RL 26.08m AHD or 8m above the NGL whichever is the lessor. The MPBH resulted from a height of 1m above the David Low Way in line with the center of each lot in the group housing subdivision. The purpose of the MPBH is to maintain visual amenity from David Low Way (not dominated by dwellings), as at the time of the original approval, low level caravans (formerly a caravan park) existed.

Figure 5 below shows the roof height on elevation.

Figure 5 - Elevation showing the proposed roof height.
The proposed building height is below the required 8m above NGL but exceeds the required MPBH by 0.5m and results in a roof height of 1.5m above David Low Way. Since the time of the original approval significant screening vegetation has grown within the group title development and within the road reserve which provides screening to a above the David Low Way.

Figure 6 image below taken from David Low Way shows the neighboring roof height and the vegetation height.

Figure 6 - Image showing the difference between the neighbouring dwelling height and the vegetation height.
In terms of views from the David Low Way, there is unlikely to be a discernable difference between the MPBH and the proposed height. In addition, the existing vegetation will generally screen the proposal. The properties opposite and across David Low Way sit considerably higher than the subject site and have view lines over the top of the roof which will be screened by vegetation and unlikely to block any ocean or beach views. It should be noted the proposal is below the maximum of 8m above the NGL for much of the roof.

The roof height does not raise any significant planning concerns as 0.5m is minor, is unlikely to be discernable from David Low Way or negatively impact views from the properties to the west which sit much higher than the subject site.

Storeys
The planning scheme requires that building height not exceed 3 storeys.  The proposal includes a basement level however, the basement does not comply with the definition of a basement with the scheme being:
“Basement means a space—
between a floor level in a building and the floor level that is immediately below it; and
no part of which is more than 1m above ground level.”
The floor level above the basement protrudes more than 1m above ground level as demonstrated in Figure 6 below.

Figure 6 – highlighted floor level immediately above exceeds 1m above ground level.
To ensure the development complies with the two-storey requirement and the basement level does not constitute a storey, a condition is recommended to require the basement to comply with the definition within the Noosa Plan and amended plans to be submitted to Council for approval.  This has been discussed with the applicant who has indicated the basement still is functional with this requirement.
Setbacks
The proposal seeks various building encroachments outside of the prescribed building envelope.
Front setback
Rather than the required 3m setback, the proposal seeks a front setback of 2.935m to a vertical screening device that runs the width of the garage elevation’s upper level. The elevation faces west and the device is for sun shading and architectural purposes. The remaining front façade of the dwelling complies with the 3m setback.   The vertical screening device within the front setback does not raise any concerns being a minor encroachment and generally only slightly wider than an eave.  Therefore, the front setback encroachment is supported.
Side Setback
The proposal includes a built to boundary retaining wall on the southern boundary ranging in height from 2 to 2.4m above existing ground level and adjacent to the car park within common property area, and also a 1.5m setback to the garage wall.   The structures are unlikely to impact on amenity of adjoining properties as the car park is provides adequate separation distance to neighbouring buildings.   The dwelling maintains a 3m setback at the upper levels and the lower levels, it is only in the vicinity of the car park that the building encroaches on the 3m setback requirement.   As it is only a portion of the built form that encroaches within this area and the remaining dwelling is consistent with the setback requirements this minor encroachment is its considered acceptable as it is unlikely to impact on amenity.
GFA
The proposed development includes a GFA of 605m2 which exceeds the GFA limit prescribed by A08.2 of the Low Density Residential Code of 500m2.   Despite the development exceeding the acceptable GFA the development remains at a scale that is compatible with the surrounding development and site characteristics, and complies with site cover.   As the building incorporates a basement level it does not present an appearance of bulk to adjacent properties and maintains the minimum soft landscaping requirements of the planning scheme.  Therefore, the proposal is considered to comply with PO8.
Landscaping
Condition 10 of the POD requires a properly prepared landscaping plan to be submitted prior to the issue of a building approval. A concept landscaping plan has been submitted and includes landscaping of the front and side boundaries.  The species comply with the PSP2 landscaping policy requirements being coastal natives.  Additional landscaping is required under the coastal protection overlay, as discussed below.

Coastal Protection
The subject site is affected by the Coastal Protection and Scenic Amenity Overlay. The code provisions seeks that buildings and structures are setback a minimum of 6m or in accordance with a Coastal Building Line. The site is not affected by a Coastal Building Line and is generally setback 10m. The Code seeks a 5m landscaped garden measured from the seaward boundary. The concept landscaping plan has not included a 5m wide garden along the rear boundary. A condition is included to ensure appropriate landscaping is provided as part of an operational works application for landscaping.

The overall outcomes of the code seek that:
landforms, creeks, dunes, vegetation and biodiversity in coastal areas are not impacted by development to mitigate coastal hazard risks and to protect environmental values; and
Development is designed and sited to protect the visual character and scenic amenity of the Coastal Protection and Scenic Amenity Area and to integrate with the surrounding natural landscape and skyline vegetation.
It is noted that there is an upper-level pool proposed which will include lighting.  There is a concern there will be visual impacts from the beach and adjoining property with regard to lighting, and also of lighting impacts on turtle nesting areas.  Therefore, additional conditions have been recommended to ensure lighting from the proposed development does not impact on amenity and biodiversity (turtles) in coastal areas. This will ensure compliance with the above overall outcomes of the code.
Consultation
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Diogo Carrico (Engineering) – comments and conditions provided:

The applicant has provided a geotechnical assessment for the site but did not provided the SWMP as requested – this can be addressed with the OPW application.

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 MCU21/0222 for a Material Change of Use - Dwelling house situated at Beaches Noosa 7/56 David Low Way Sunrise Beach and described as Lot 7 SP 133491, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0222
Street address:	Beaches Noosa 7/56 David Low Way Sunrise Beach Qld 4567
Real property description:	Lot 7 SP 133491
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit 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
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
SP1.0	-	Site Plan, prepared by Chris Clout Design	13-06-22
C0.1	-	Lower Floor Plan – Level 1, prepared by Chris Clout Design	13.06.22
C1.0	-	Ground Floor Plan, prepared by Chris Clout Design	13.06.22
C2.0	-	Upper Floor Plan, prepared by Chris Clout Design	13.06.22
C3.0	-	Elevations (West & East), prepared by Chris Clout Design	13.06.22
C3.5	-	Elevations (North & South), prepared by Chris Clout Design	13.06.22
C4.0		Sections (1 & 2), prepared by Chris Clout Design	13.06.22
C4.5	-	Sections (3 & 4), prepared by prepared by Chris Clout Design	13.06.22
C4.6	-	Sections (5 & 6), prepared by prepared by Chris Clout Design	13.06.22
C4.7	-	Sections (7), prepared by prepared by Chris Clout Design	13.06.22
LC01	00	Landscape Concept DA – proposed gardens, prepared by JRLD (as annotated by council)	Feb 22
LC02	00	Landscape Concept DA- upper floor terrace, prepared by JRLD (as annotated by council)	Feb 22
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council for approval prior to operational works approval.
Submit Amended Plans - Basement compliance
Provide amended plans and submit to Council prior to the issue of the Building approval, incorporating the following change:
Ensure the floor level immediately above the basement level is no more than 1m above ground level in order to comply with the Noosa Plan 2020 definition of a basement.

Currency Period
This development approval lapses if the use has not happened by 15 August 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
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.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and in accordance with Planning Scheme Policy PSP 2 – Landscaping and must include in particular:
A minimum 5m wide garden must be provided for the full length of the seaward boundary. The garden must consist of a mix of native shrubs and ground covers.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
All lighting associated with all works approved as part of this application must be positioned and managed to reduce sky glow and light spill onto the beach to minimise disruption to turtle nesting and sea-finding behaviour of hatchlings. Management measures include reduced intensity, long wavelength lights; shielded, low to the ground, and directed onto areas of interest; low reflectance building surfaces and paint; and tinted external glass. The following are to be incorporated into the works approved as part of this application:
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must have 15% visible light transmittance tinting;
All windows, glass doors, glass panels and sky lights facing the beach (NE, E, SE) must be fitted with opaque blinds, to be drawn from 8pm during turtle nesting and hatching season (October – May);
All outdoor lights must have a maximum of 2700 K correlated colour temperature (CCT). All indoor lights must have a maximum of 3000 K CCT. All lighting (interior and exterior) must avoid the use of halogen, metal halide, or fluorescent lights.
Amber LED (590-610 nm) or low pressure sodium lighting must be used as a standard. Warm white is to be used only where colour rendition is required.   LED lights must not contain short wavelength blue light and supplier should be asked to provide spectral power curve of requested LEDs to prove the absence of short wavelengths;
The number and wattage of lights must be minimised;
All lights must be recessed into structures and roof, and directed away from the turtle nesting habitat;
No lighting is permitted on the roof of the building;
All outdoor lights, including balcony lights, must be turned off between 8:00pm and sunrise during turtle nesting and hatching season (October – May);
External feature lighting to the building must be positioned below 10 metres in height and turned off between 8:00 pm and sunrise during turtle nesting and hatching season (October – May).
No upward lights or vertical illumination of the building, vegetation or other structures using lighting that shines into the sky to be used;
Where lighting is required for safety purposes (including all corridors above ground level, stairwells, entry points etc.), the lighting of these areas must be activated by proximity sensors or motion detectors with an associated deactivation of the lighting after no more than 10 minutes during turtle nesting and hatching season (October – May). For lighting in other areas, timers, proximity or motion activated light sensors must be used wherever possible;
No decorative outdoor lighting is to be fitted to the buildings, open space or recreation areas (e.g. Fairy/Christmas lights) during nesting and hatching season (October – May);
Pool lighting must be switched off after 8:00pm during nesting and hatching season (October – May);
All exterior lighting must be shielded by a minimum of 30 cm vertical shielding.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with the recommendations within SCG’s report 32027(SL) “Slope Stability Assessment”, dated 15/03/2022 prepared for the subject lot.
Easements
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.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, generally in accordance with SCG’s report 32027(SL) “Slope Stability Assessment”, dated 15/03/2022 and the recommendations within SCG’s report 32027(S) “Soil Test and Report”, dated 9/03/2022, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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:
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
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. MCU21/0222 separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works application. However, should the plan/s not be submitted, the applicant is advised that a Preliminary Approval for OPW may be issued in lieu of a Development Permit.

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 Operational Works	Stormwater, Earthworks, Landscaping
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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