DEVELOPMENT APPLICATION FOR PRELIMINARY BUILDING WORKS ASSESSABLE AGAINST THE PLANNING SCHEME FOR ADDITIONS TO A DETACHED HOUSE 19 Allambi Rise Noosa Heads - PBA14/0017

DEVELOPMENT APPLICATION FOR PRELIMINARY BUILDING WORKS ASSESSABLE AGAINST THE PLANNING SCHEME FOR ADDITIONS TO A DETACHED HOUSE 19 Allambi Rise Noosa Heads - PBA14/0017

Document information

Author	Planning Technical Officer, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / PBA14/0017

Attachments	1. 	Locality Plan
2. 	Proposal Plans

APPLICATION DETAILS
Applicant	R. & C Kimberley c/ Tim Ditchfield Architects
Proposal	3rd storey addition to a detached house
Properly Made Date	20 August 2014
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	18 September 2014
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	19 Allambi Rise, Noosa Heads
RP Description	Lot 2 RP121805
Land Area	759m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached Housing
Overlays	No Applicable Overlays
Assessment Type	Preliminary Building Works Assessable against the Planning Scheme
RECOMMENDATION
That Council note the report by the Planning Technical Officer to the Planning & Organisation Committee Meeting dated 16 September 2014 regarding application PBA14/0017 for Preliminary Building Works Assessable against the Planning Scheme – 3 storey addition at 19  Allambi Rise, Noosa Heads and approve the application in accordance with the following 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 name, prepared by	Date
DD 1.01 P1	P1	Site Plan, prepared by Tim Ditchfield Architects	01/08/14
DD 2.04 P1	P1	Undercroft Floor Plan, prepared by Tim Ditchfield Architects	01/08/14
DD 2.03 P1	P1	Lower Ground Floor, prepared by Tim Ditchfield Architects	01/08/14
DD 2.03 P1	P1	Upper Ground Floor, prepared by Tim Ditchfield Architects	01/08/14
DD 2.02 P1	P1	First Floor, prepared by Tim Ditchfield Architects	01/08/14
DD 2.05 P1	P1	Roof Plan, prepared by Tim Ditchfield Architects	01/08/14
DD 3.03 P1	P1	Section C-C, prepared by Tim Ditchfield Architects	01/08/14
DD 4.01 P1	P1	South Elevation, prepared by Tim Ditchfield Architects	01/08/14
DD 4.02 P1	P1	East Elevation, prepared by Tim Ditchfield Architects	01/08/14
DD 4.03 P1	P1	North Elevation, prepared by Tim Ditchfield Architects	01/08/14
DD 4.04 P1	P1	West Elevation, prepared by Tim Ditchfield Architects	01/08/14
Building Height
The maximum height of all new additions to the dwelling must not exceed 8 metres above the finished ground level and the natural ground surface. The new 3 storey portion is only permitted where indicated on the approved plans.
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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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 land between the dwelling and the eastern boundary must be reinstated to the natural ground surface level except for the vehicle access to the north east corner of the lot.
Existing trees on the site and within road reserves must be retained, except where required to be removed between the dwelling and the eastern boundary.
Trees to be retained and must be protected from 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.
Screening vegetation must be planted along the eastern boundary in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species. In this regard, 4 species with a pot size of 45 litres, must be planted and evenly spaced along the length of the eastern elevation.
Geotechnical Stability
All works must be carried out in accordance with a Geotechnical Report for the site prepared by a qualified person*. Prior to the issue of a Development Permit for Building Works, certification must be submitted to Council from a qualified person* which certifies that the site is not at risk from landslide emanating from the site or from other land.
External Colours
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment to assist the building to blend with the surrounding vegetation. In this regard, the colour palette must be in accordance with the colour indicated on the approved plans or alternatively submitted to Council for approval prior to the issue of Development Permit for Building Works.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Planning Assessment Branch to arrange a Development Compliance Inspection.
* Qualified Person – Geotechnical Stability
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.

REPORT
PROPOSAL
The application seeks Preliminary Building Approval for renovations to a detached house. The proposal includes a third storey within the front 6m setback, a new single vehicle garage, the rendering of existing block and brick work, replacing the decking and a general refurbishment of the internal layout. Given the steep slope, various areas of the existing dwelling exceed the 8 metre building height in metres requirement of the Building Works Code. In this regard, all new additions, including the proposed 3rd storey, are less than 8m above the finished ground level and the natural ground surface.
site details
Site Description
The lot fronts a small service type road off the main Allambi Rise, which services only the subject dwelling, one other single dwelling and 2 multiple dwellings. The lot slopes steeply from east to west at an approximate rate of 1:2. However, to avoid the steepest slope of the land, the majority of the dwelling is nestled towards the eastern boundary, where the slope is slightly less. Significant vegetation exists within the site down slope of the dwelling such as mature Callitris pines, eucalyptus and protruding through the deck, a large Poinciana tree.
Surrounding Land Uses
Multiple dwellings adjoin to the north and east and detached houses to the south. Given the steep slope of the surrounding land, premises nearby exceed 8m and are 3 storeys.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
The subject site is located in the Noosa Heads Locality and is zoned Semi-Attached Housing. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
Land Use & Works Provisions
The Building Works Code regulates land use and design for this application.
The application has been assessed against Building Works Code and the pertinent issues arising out of the assessment are discussed below:
Setbacks and Building Height in Storeys
The proposal seeks a 2.5m front setback to construct a bedroom above the existing garage and thus creating a 3rd storey. The proposed eastern elevation in Figure 1 shows the location in relation to the front boundary, its presentation to the street and the neighbouring property and shows the existing dwelling.
Figure 1- Proposed east elevation and existing
Figure 1- Proposed east elevation and existing

Setbacks
The part of Allambi Rise that the premises fronts is unusual as there is no footpath or green space between the premises and road and therefore, no clear distinction between public/private spaces. This part of Allambi Rise appears similar to a private driveway shared by several properties. The photos in Figure 2 below show the only 3 properties that have direct access from this part of Allambi Rise.
Building Works Code	Discussion
Setbacks O1 Buildings and other structures are appropriately designed and sited to— a) provide amenity for users of the premises as well as preserve the visual and acoustic privacy of adjoining and nearby land uses; b) preserve any existing vegetation that will buffer the proposed building from adjoining uses; c) allow for landscaping to be provided between buildings; d) maintain the visual continuity and pattern of buildings and landscape elements within the street; e) for class 10a structures, do not visually dominate the street;	The proposed setback does not create any overlooking or acoustic issues as there are no windows or doors facing the neighbours and an existing driveway provides adequate separation for acoustic purposes. There is an existing garden along the eastern boundary with plants in poor condition. A condition could be imposed to improve this garden with suitable native species. Given the unusual streetscape, as shown in Figure 2, there is no clear public/private delineation and therefore the proposal would is not out of character with the street. The garage location remains unchanged with a change to the external material finish only proposed.

Figure 2 - Existing streetscape
Building Height in Storeys
Building Works Code	Discussion
Height O10 Buildings and other structures– a) are low rise and present a building height consistent with structures on adjoining and surrounding land; b) have a maximum building height of– ...v) otherwise - 2 storeys; c) do not visually dominate the street, surrounding spaces or the existing skyline; d) preserve the amenity of surrounding land including privacy, views and access to sunlight; e) respect the scale of surrounding vegetation;	The proposal being less than 8m, presents a building height in metres consistent with buildings and structures in the surrounding area. It is noted that various premises nearby are 3 storeys and exceed 8m. The proposal would not be out of character with nearby development. The new bedroom renders the building 3 storeys. The new single garage includes a new concrete slab, wall and a laundry refurbishment in the undercroft floor area which exists as 3 storeys. Creating the new garage at this level does not alter the extent of the 3 storey portion of the dwelling. The proposal is seen from main beach but given the distance and the existing vegetation, it is unlikely that any recognisable change would occur to this vista. The applicant has indicated the intention to use colours that blend with the natural environment. A condition could be imposed to ensure this is undertaken. The proposal is not bulky or imposing and would not visually dominate the street, given that it presents as 2 storeys. The proposal preserves amenity in terms of privacy and access to sunlight of surrounding land. However, although the proposal complies with building height in metres, the 3rd storey impedes some secondary south western views from the neighbouring property to main beach and the hinterland. These views are filtered through existing significant vegetation. The photo in Figure 3 shows the area of the roof and the view likely to be impeded. The non-compliance is of a technical nature because if the ‘basement cinema’ was converted to subfloor space and reinstated to the natural surface level, then technically 2 storeys, the proposal would comply with building height in storeys. Noting also with this, that the external building elevations would remain unchanged and views from the neighbouring property would still be impeded. Alternatively, if a new dwelling was constructed to 8m and 2 storeys with a 6m setback for a 2nd storey, the neighbouring views would still be impeded similarly to that impeded by the current design proposal. The proposal will not extend above any of the existing trees growing at a similar level.

Figure 3 - Area of new storey viewed from neighbouring property
Figure 3 - Area of new storey viewed from neighbouring property
cONSULTATION
Referrals
The application was forwarded to the following internal Council specialist:
Engineering
conclusion
The proposal is 3 storeys within the front setback and impedes some secondary views from the neighbouring property. Should alternative options for a 2 storey built form be realised, the same secondary views are likely to be impeded as impeded by that proposed. In this context, and that the proposal will not dominate the skyline, the street, adversely affect privacy or access to sunlight, the proposal meets the provisions of the Building Works Code and is recommended for approval.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	16 SEPTEMBER 2014

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Single Dwelling at 17 Allambi Rise