Report MCU14 0084.03 · MCU14/0084.03

mcu14/0084.03 request to CHANGE A DEVELOPMENT approval FOR A MATERIAL CHANGE OF USE FOR A DETACHED HOUSE SITUATED AT 71 SEAVIEW TERRACE, SUNSHINE BEACH  - MCU14/0084.03

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/Application/MCU14/0084.03

APPLICATION DETAILS
Applicant	Universal Property Company Establishment C/O Martoo Consulting
Proposal	Material Change of Use - Change to Development Approval
Properly Made Date	13 September 2017
Decision Due Date	11 October 2017

PROPERTY DETAILS
Property Address	71 Seaview Terrace Sunshine Beach Qld 4567
RP Description	Lot 1 RP 197117
Land Area	9942 square metres
Existing Use of Land	Development in accordance with original approval in progress

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Rural Settlement and Open Space Conservation
Overlays	Biodiversity Overlay – Environmental Protection Natural Hazards Overlay – Low Potential Acid Sulfate Soils Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Medium Bushfire Hazard Natural Resources Overlay – Coastal Protection Area
Assessment Type	Minor Change to Approval
RECOMMENDATION
That Application Number MCU14/0084.03 for a Development Permit for Material Change of Use - Change to Development Approval situated at 71 Seaview Terrace Sunshine Beach be approved subject to the following conditions:
PLANNING
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
NRA-81269-CD_0010	6	Site Plan, prepared by NRA Architects	27/02/2018
NRA-81269-DD_0300	5	RL+37250_Pool Plant, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0310	7	RL+40800_Basement, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0320	8	RL+45000_Level 01, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0330	7	RL+49550_Level 02, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0340	6	Roof Plan, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0410	7	East Elevation, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0420	7	North Elevation, prepared by NRA Architects	27/02/2018
NRA-81269-CD_0440	6	South & South East Elevations, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0510	8	Sections, prepared by NRA Architects	07/02/2018
NRA-81269-CD_0520	5	Sections, prepared by NRA Architects	07/02/2018
NRA-81269-CD_1000	5	Overall axonometric view, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1010	6	Eye_View From East, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1020	6	Overall 3D_View From North_East, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1030	6	Overall 3D_View From South, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1040	6	Overall 3D_View From West, prepared by NRA Architects	27/02/2018
NRA-81269-CD_1070	3	Overall 3D_View From North, prepared by NRA Architects	27/02/2018

The building must be setback 6m from the southern boundary, except for the fall prevention platform for the spa and  construction elements such as contiguous piling and the ‘dry zone’ which must be setback a minimum of 1.5m at the light court. The contiguous piling and the ‘dry zone’ to the east and west of the light court must be setback in accordance with the approved plans.

REPORT
PROPOSAL
The applicant seeks approval to construct 60 solar panels on a pergola type structure over the existing driveway located along the western boundary of the site. The solar panels are to be linked to the panels located on the upper portion of the building which contain the garage and workshop/ office of the dwelling, these panels were included in the original approval.
The panels and associated pergola have a physical height of 5.2 metres. The maximum height above natural ground level is approximately 4.0 metres.
The project architect advises that the solar panels are required to reduce the dwellings reliance on mains power and due to the physical constraints of the site and the provision of green roofs across the building there is not an alternative location for the array.
The plans originally submitted have been modified subsequent to concerns raised by an adjoining property owner. The plans were amended to remove solar panels adjacent to this property and the property owner has provided written consent to the amended plans.
The proposal also includes a 2.0 metre encroachment into the 6.0 metre setback to the southern boundary.
The setback requirement is detailed at condition 9 of the permit which states:
The building must be setback 6m from the southern boundary, except for construction elements such as contiguous piling and the ‘dry zone’ which must be setback a minimum of 1.5m at the light court. The contiguous piling and the ‘dry zone’ to the east and west of the light court must be setback in accordance with the approved plans.
The encroachment relates to a fall prevention platform around a new spa at the southern end of the approved swimming pool.
The application also involves a variation to a small section of the roof height to the rear portion of the main building.

The following images detail the proposal plans:

Figure 1 – Location of existing and proposed solar panels

Figure 2 – Location of existing and proposed solar panels

Figure 3 – Location of encroachment within 6.0 metre southern side setback

The following images detail the current approved plans

site details
Background
Council approved a Material Change of Use for a Detached House on 3 October 2011. The dwelling was assessed against the superseded planning scheme and was impact assessable. A submitter and the applicant appealed Council’s decision. The applicant subsequently withdrew from the appeal and consequently the house was refused on 1 November 2013.
On 12 March 2015 Council approved a Material Change of Use for a Detached House, the current application seeks to make changes to this approval.
Site Description
The lot has an area of 9942m², is rectangular in shape, adjacent to the southern boundary of Noosa National Park and accessed by approximately a 6 metre wide shared driveway easement from the Seaview Terrace cul-de-sac. The lot slopes steeply from the western boundary to the northeast and east toward a small valley within the Noosa National Park and the frontal dune of Sunshine Beach. The dune within the lot generally curves around towards the northwest. Its profile is steeply sloping between 23° and 32°, with a variety of coastal dune vegetation coverage. A wetland fed from a stream flow from Noosa National Park exists in the northeast portion of the lot. The location of the subject site is shown in Figures 4 and 5 below.

Figures 4 and 5 - Subject Site is the most northern residential lot adjacent to the Sunshine Beach and Noosa National Park.
Surrounding Land Uses
The lot is bounded to the north by Noosa National Park, to the east by Sunshine Beach (adjacent to the dog beach) and residential dwellings to the south and west.
statutory process
The proposed change to the development approval requested by the applicant is determined to constitute a minor change in accordance with Schedule 2 of the Planning Act 2016 on the grounds that:
The change would not result in a substantially different development as the use remains the same as that approved and the scale and bulk of the development remains generally consistent with the current approval. There are no new uses proposed that would create different or additional impacts.
The changes do not create a new referral trigger to the State Assessment and Referral Agency.
The proposed changes do not vary the level of assessment the original development application was impact assessable; and
The changes do not involve prohibited development.

assessment
The Planning Act 2016 states that when assessing a change application the responsible entity:

81 (3) (a) must assess against, or have regard to, the matters that applied when the development application was made; and
(b) may assess against, or have regard to, the matters that applied when the change application was made.
The original application for a dwelling triggered code assessment due to the Coastal Protection
Precinct of the Natural Resources Code covering the site which detailed that a detached house was code assessable.

The proposed solar panels and pergola structure are located within 400mm of the western boundary whereas the planning scheme details a 6 metre setback for the Rural Settlement zone.

The fall prevention platforms are situated within the 6.0 metre southern side setback and the proposal seeks to increase part of the roof height by 400mm however the overall height remains under the 8.0 metre height limit.

The applicant has provided the following reasons in support of the application:

The detached house is generally located in the same location as that approved under MCU14/0084.
The amended plans indicate all structures located within the Rural Settlement zone.
The amended plans comply with scheme requirements in relation to height.
Engineering solutions approved for the site are still relevant to the revised plans.
Additional sustainable components have been added to the building by means of improved water management and the introduction of solar power.
The solar panels will not be visible to the beach front with the modified roof form and overall building design integrating with the surrounding area. It is noted that the proposed green roof still extends over the majority of the building.
The solar panels are well below the stipulated 8 metre height limit.
The solar panels do not require planning or building approval.

Fall prevention platform:
The platform is required due to the spa being approximately 5.0 metres above the ground. The platform is to be constructed of timber or netting materials in order to camouflage the platform from the surrounding area. The platform encroaches 2.0 metres into the 6.0 southern side setback requirement and cantilevers 560mm into the Open Space Conservation Zone on the eastern side of the property.
The cantilever does not impact on vegetation, will not be visible from the beach or the national park users and does not compromise the Open Space Conservation Zone.
These elements are supported (noting further assessment with regards to the setback variations below) and condition 9 is to be amended to read:
The building must be setback 6m from the southern boundary, except for the fall prevention platform for the spa and  construction elements such as contiguous piling and the ‘dry zone’ which must be setback a minimum of 1.5m at the light court. The contiguous piling and the ‘dry zone’ to the east and west of the light court must be setback in accordance with the approved plans.

Increased roof height:
The increase in height is a result of an increase to the internal ceiling height of the level 2 entry foyer which results in the concrete roof slab being increased by 400mm. The increased height remains below the 8 metre height limit and will not detrimentally affect surrounding properties/residents.

Setback variations:
Variation to the 6.0 setback requires assessment against Specific Outcome O1 of the Detached House Code. The proposal is considered to comply with this Specific Outcome as detailed below:

O1 Buildings and other structures are appropriately designed and sited to—

provide amenity for users of the premises

The 9930m2 site is severely constrained with limited land available for actual development. The solar panel location across the driveway maintains existing landscaping and recreational areas associated with the approved dwelling noting that there is no other area available on site that can be utilized.

The fall prevention platforms marginally encroach into the setback area and still allow for a significant portion of the setback area to be landscaped.

preserve the visual and acoustic privacy of adjoining and nearby land uses as well as reasonable access to views and sunlight;

These elements will be protected as the proposed solar panels are well below existing decks and recreational areas associated with the adjoining lots to the west and will not impact on view lines or sunlight.

The spa platform is located at a similar level to the pool of the adjoining property and the minor intrusion into the setback area will not result in loss of amenity.

preserve any existing vegetation that will buffer the proposed building or structure from adjoining uses;

There is no existing vegetation on site that will buffer the solar panels. A revised landscape plan has been provided detailing screen planting within the setback area adjacent to the spa platform.

allow for landscaping to be provided between buildings;

The solar panels are proposed to be located over the approved driveway and condenser building where there currently is no area available for landscaping. An area of approximately 3.9 metres is situated between the boundary and the spa platform, this is sufficient area to provide for meaningful landscaping.

maintain the visual continuity and pattern of buildings and landscape elements within the street;

The proposed solar panels are not visible to the surrounding area or street. The solar panels are located in the only area of the site that is capable of supporting such a structure. The spa platform encroachment is minor and remains consistent with the development across the site.

for class 10a buildings, do not visually dominate the street;

The proposed solar panels are not visible to the surrounding area or street. The spa platform is not visible from the street.

avoid any significant adverse impacts on the natural values of waterways and their foreshores, including those of the Noosa River and its lakes; and

The proposed solar panels and spa platform are not visible to the surrounding area including the beachfront.

do not interrupt the natural cycles of erosion and accretion of waterways and foreshore areas

The proposed solar panels do not impact on the surrounding natural cycles as they are located over an existing driveway. The solar panels and spa platform are clear of waterways and the foreshore area.
cONSULTATION
Referral Agencies
The application was not required to be referred to any external agencies.
Public Notification
The application was not required to be publically notified.
However, due to the close proximity of the proposed solar panels to adjoining properties the property owners at 30 and 34 McNally Drive were contacted and made aware of the proposed change. A site inspection of these properties was also undertaken to assist the assessment.
conclusion & REASONS FOR DECISION
The proposal to make minor changes to the existing approval for detached house situated at 71 Seaview Terrace Sunshine Beach incorporating the addition of 60 solar panels, increased height of roof slab for a portion of the building and a fall prevention platform encroaching into the southern side setback and over the Open Space Conservation Zone is supported. It is considered that the proposed changes will not impact on the amenity of adjoining or surrounding property owners  and is consistent with the relevant Specific Outcomes within the Noosa Plan.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services		Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING REPORT

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NORTHWEST PROPERTIES
EXTRA SOLAR PANE!
‘OVER DRIVEWAY
PANELS ON
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NOOSA COUNCIL
GENERALLY IN ACCORDANCE
MCU14/0084.01 OCT 2015

 


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