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planning report Tristania

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        Development Application
            Planning Report


Material Change of Use for a New Dwelling House
           (Coastal Protection Overlay)
    situated at 8 Tristania Dr, Marcus Beach
                (Lot 100 M11112)




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Contents
1.0      Summary ......................................................................................................................... 3
  1.1        Development application details ............................................................................................. 3
  1.2        Planning instrument details ..................................................................................................... 3
2.0      Site details ....................................................................................................................... 3
  2.1        Site description ....................................................................................................................... 3
  2.2        Surrounding land uses ............................................................................................................. 5
3.0      Proposed development details ......................................................................................... 6
4.0      Planning assessment ........................................................................................................ 7
  4.1        Setbacks.................................................................................................................................. 8
  4.2        Coastal Protection and Scenic Amenity Overlay........................................................................ 9
5.0      State assessment and other matters ................................................................................ 9
      5.1. Matters established in the Planning Regulation ................................................................................ 9
      5.2 State Planning Policy ........................................................................................................................... 9
6.0      Conclusion ....................................................................................................................... 9




Client Name:          P & M Williams
Prepared by:          Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:              1
Date:                 1 March 2021




This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




                                                                                                                                           Page 2 of 10

Page 3

1.0 Summary

1.1 Development application details
 Proposed development:         Material Change of Use for a Dwelling House (Coastal
                               Protection and Scenic Amenity Overlay)
 Type of approval sought:      Development Permit
 Site address:                 8 Tristania Dr, Marcus Beach
 Real property description:    100 M11112
 Site area:                    631m2
 Owner details:                Mixhill Pty Ltd
 Applicant details:            Mixhill Pty Ltd (P & M Williams) c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:        Nil
 Regional plan:                SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                  2014) – Urban Footprint.
 Planning scheme:              The Noosa Plan 2020
 Zone:                         Low Density Residential
 Level of assessment:          Code Assessment
 Applicable overlays:          Coastal Protection and Scenic Amenity Overlay
                               Landslide Hazard Overlay (Moderate)
                               *136m2 cut proposed - does not trigger PASS overlay
 Applicable codes:
                               Acceptable Outcomes AO4, AO5, AO7, AO8, AO9, AO10, AO11, AO12,
                               AO13, AO14, AO15, AO16, AO17, AO18, AO19, AO20, AO21 of the Low
                               Density Residential Zone Code

                               Acceptable Outcomes AO1.1, AO2, AO3, AO5,AO6, AO7, AO8, AO9, AO10,
                               AO11, AO12, AO13, AO14, AO15, AO16, AO18, AO19, AO20, AO21 and
                               AO22 of the Low Density Housing Code

                               Coastal Protection and Scenic Amenity Overlay Code



2.0 Site details
2.1 Site description
Table 1: Site description
 Site                                                   Description
 characteristic

 Existing land use    Vacant

 Existing Planning    Nil
 Approvals

 Easements            Sewer extending along the eastern boundary




                                                                                        Page 3 of 10

Page 4

Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System




Figure 2: Detailed Survey
Source: Downes Survey and photos taken 8 Dec 2020




                                                    Page 4 of 10

Page 5

Figure 3: Site Photos (Photos taken 8 Dec 2020)


2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

      North        4 Tristania Dr - Vacant

      West         David Low Way

      East         Tristania Dr Coastal Reserve

      South        Existing house fronting Toona Street




                                                          Page 5 of 10

Page 6

3.0 Proposed development details
The application seeks to develop a new house on the currently vacant site with the following features:

   -   3 bedrooms and 4 bathrooms over two levels
   -   Double garage with access from Tristania Dr (away from the intersection)
   -   Central lift for access between levels
   -   Pool orientated to the north west adjoining the living area
   -   Large landscaping areas surrounding the three road frontages.

A copy of the proposed streetscape impression is included below.




Figure 3: Proposed Artists Impression




                                                                                          Page 6 of 10

Page 7

4.0 Planning assessment
The proposed new dwelling house is affected by a relevant overlay (Coastal Protection and Scenic
Amenity Overlay) (Planning Regulation 2017, Sch 6 Part 2) and requires assessment against the
relevant provisions of the Dwelling House, Low Density Zone and the Overlay Codes.

An assessment against the relevant provisions of the codes is provided below with further
assessment regarding the noncompliance provided thereafter.

Table 3: Code Compliance
 Provision               Proposal                                     Code Provision                         Compliance

 Building height         7.4m                                         8m                                     Yes
                         2 storeys                                    2 storeys                              Yes

 Site Cover              Ground Floor – 186m2 (29%)                   1st Floor – 40% (252m2)                Yes
                         1   st Floor – 230m2 (36%)
                                                                      2   nd Floor – 40% (252m2)


                                                                      Or
                                                                      One of the storeys – 50% (315m2)
                                                                      The other – 30% (189m2)

 Setbacks                Front (Tristania) – 6.0m                     6m                                     Yes
                         Front (Toona) – 2.0m                         6m                                     PO
                         Front (David Low Way) – 6.0m                 6m                                     Yes
                         Side (North) – 2m                            0.5m                                   PO

 Garages                 6.0m wide                                    No more than 7.2m width                Yes

 Soft Landscaping        >20% (140m2)                                 20% (126m2)                            Yes

 Driveway                Driveway to comply with standard             In accordance with standard            Yes
                         drawings and either be more than 1m          drawings and 1m from existing
                         away from the existing gully pits or         gully pits.
                         incorporated into driveway (subject to
                         subsequent OPW).
                         A site specific geotechnical report is to    A site-specific       geotechnical
 Landslide Hazard        be prepared by an RPEQ confirming the        assessment is prepared by a            Yes
                         stability of the site. All recommendations   registered professional engineer.
                         will    be      incorporated     into  the
                         development.
 Materials         and   Appropriate colours that blend in to the     Appropriate colours that blend in to   Yes
 Finishes                natural environment.                         the natural environment.




                                                                                                              Page 7 of 10

Page 8

4.1     Setbacks
The site has three road frontages and meets the 6m requirement to David Low Way and Tristania
Dr. The design includes a 2.0m setback to part of the building along the south eastern corner of the
site, as shown below.




Figure 4: Setback encroachment

The relevant outcomes seek for buildings to allow for landscaping between buildings and be
consistent with the predominant character of the streetscape. The design sinks into the site and is
not visible from David Low Way with the retention of vegetation and landscaping areas in the south
western areas of the site.

There are three lots located north of Toona Street (including this property) and the existing
development at 2 Tristania Dr is setback 2m from the road frontage, while the other lot is vacant.
The proposed setback does not obstruct any views and provides adequate distance from the closest
residence across Toona St. Native vegetation is to be retained and enhanced along the Toona St
frontage to screen and complement the built form, consistent with the streetscape and the relevant
Outcomes PO9 of the Low Density Residential Code.

The development is also setback 0.5m from the northern property boundary for the proposed garage,
which is 13.5m long and tapers in height with the topography, as shown below.




Figure 5: Side Setback encroachment

Vegetation is able to be provided along this boundary to assist in screening this wall and allow for
overland stormwater flow along the boundary of the property. A preformed concrete wall is also
proposed adjacent to the pool area which is up to 3.5m in height and 9m in length (allowed as a
Class10a structure along the boundary under the QDC), while a 2m high blockwork fence is also
proposed along this boundary and shown in the artist impression above.

The building design includes a change in colours and horizontal banding with landscaping along this
boundary, in order to soften the building bulk and provide relief to future development on the
adjoining Lot 101. The development is consistent with the relevant Performance Outcomes and
allows for landscaping to grow along the boundary, as well as not unreasonably obstructing views
or cause overlooking of private open space or habitable areas of adjoining premises.



                                                                                         Page 8 of 10

Page 9

4.2     Coastal Protection and Scenic Amenity Overlay

The building is located more than 6m from the coastal boundary and is outside of the coastal erosion
areas for 2040, 2070 and 2100. Native vegetation is to be provided along the frontage and in the
road reserve in accordance with PSP2 for landscaping with suitable coastal species. The proposed
development meets all Acceptable Outcomes of the Overlay Code.

5.0 State assessment and other matters
5.1. Matters established in the Planning Regulation
Nil

5.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part.

Development in the erosion prone area, as shown on the SPP interactive mapping system, will be
subject to assessment against the assessment benchmarks – natural hazards, risk and resilience
within the State Planning Policy. An assessment is provided below.


 State interest              Assessment against assessment benchmark
 Natural Hazards             The site is not located within the Erosion Prone Area of the SPP and is
 (Coastal)                   located away from the coast so as to not cause a risk to people and
                             property.



6.0 Conclusion
This application seeks a Development Permit for a Development Permit for Material Change of Use
(Coastal Protection) situated at 8 Tristania Dr, Marcus Beach. The proposed development is code
assessable and meets the relevant Performance Outcomes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

       (a) against the assessment benchmarks in a categorising instrument for the development
           (The Noosa Plan 2020); and

       (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

       (a) must decide to approve the application to the extent the development complies with all of
       the assessment benchmarks for the development; and

       (b) may decide to approve the application even if the development does not comply with
       some of the assessment benchmarks; and


                                                                                         Page 9 of 10

Page 10

      Examples—
              1          An assessment manager may approve an application for development that does not comply with some of
                         the benchmarks if the decision resolves a conflict between the benchmarks.

               2         An assessment manager may approve an application for development that does not comply with some of
                         the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                         response.


      (c) may impose development conditions on an approval; and

      (d) may, to the extent the development does not comply with some or all the assessment
      benchmarks, decide to refuse the application only if compliance cannot be achieved by
      imposing development conditions.

      Example of a development condition—
                         a development condition that affects the way the development is carried out, or the management of uses
                         or works that are the natural and ordinary consequence of the development, but does not have the effect
                         of changing the type of development applied for


The assessment finds the development generally complies with the Overall Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.




                                                                                                                Page 10 of 10

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