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Table 1 Comparative analysis of Approved Development VS Proposed Change
 Development       Required/Permitted          Approved                  Complies Proposed                   Complies
 Particular
 Building          8 metres from NGL           8 metres from NGL         Yes      8 metres from NGL          Yes
 Height            2 storeys                   3 storeys                 No       3 storeys                  No
 Site Cover        40% (otherwise 50% for      40% overall               Yes      38% upper level            No
                   ground and 30% for                                             46% mid level
                   upper levels)                                                  25.5% lower level
 Landscaping       20% of site area            Greater than 20%          Yes      Greater than 20%           Yes
 Parking           1 space                     2 spaces                  Yes      3 spaces                   Yes
 Setbacks          Front - 6m                  0m                        No       0m                         No
 (up to 4.5m)      Rear – 3m                   12m                       Yes      12.8m                      Yes
                   Side (north) – BTB          0m to garage blade,       Yes      BTB garage, otherwise      Yes
                   garage, otherwise 1.5m      otherwise 1.5m                     1.5m
                   Side (south) - BTB          BTB garage, 0m to lift,   No       BTB pergola1, otherwise    No
                   garage, otherwise 1.5m      otherwise 1.5m                     2m
 Setbacks          Front – 6m                  N/A                       Yes      N/A                        Yes
 (between          Rear – 6m                   12m                       Yes      15m                        Yes
 4.5m and          Side (north) – 2m           1.5m                      No       2m                         Yes
 7.5m high)        Side (south) – 2m           1.5m                      No       2m                         Yes
 Setbacks          Front – 6m                  N/A                       Yes      N/A                        Yes
 (between          Rear – 6m                   15m                       Yes      15m                        Yes
 7.5m and 8m       Side (north) – 2.5m         1.5m                      No       4.5m                       Yes
 high)             Side (south) – 2.5m         1.5m                      No       2m                         No
 Coastal           Buildings/structures not    Encroaching CBL by 3m     No       Encroaching CBL by 2.15m   No
 building line     to be seaward of CBL        (decks only)                       (decks only)
1 the proposed pergola is greater than 2.4m in height (2.8m) and therefore is not an exempted structure under QDC MP1.2

and requires a relaxation for being within the side setback.


As demonstrated above, the proposed development does not result in any new areas of non-compliance, and in
fact, resolves a number of compliance issues relating to side boundary setbacks.

Further, the proposal to create a dwelling that contains two (2) storeys over a basement, which is consistent
with the approved design and is appropriate for the site on the basis that the slope of the land conceals large
portions of the built form from view, as demonstrated in Figure 2 below. Finally, if the application were to be
assessed under the current planning scheme, the definition for “storey” would not include a lift shaft, a stairway,
a space containing only a bathroom or laundry, or any areas that are not more than 1m above ground level. On
the basis on the definition of storey under the current planning scheme, the built form would not be considered
to contain more than two (2) storeys in any location.

It is noted that whilst the development does not exceed the overall height limit of 8 metres from natural ground,
some sections of the building exceed 8 metres in height from finished ground, due to the cut occurring within
the site required to demolish the existing house and associated pool structure. Irrespective, the scale and bulk
of the built form is consistent with large Dwelling Houses which seek to capitalise on high value land adjacent to
Sunshine Beach. Further, given the slope of the site, the built form appears as a single storey Dwelling from the
street and therefore does not visually dominate the street or the existing skyline. It is also noted that, due to the
north-south slope of the surrounding land, the proposed Dwelling is located at a lower topography than the
adjoining site to the south and matches the height of the Dwelling to the north over the walkway, preserving
the amenity of surrounding land, including access to sunlight and breezes. Overall, due to the context of the site,



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