PBA16/0007 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	PBA16/0007
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade
	

APPLICATION DETAILS
Applicant:	Carole Tretheway Design
Proposal:	Development Permit for Building Works Assessable against the Planning Scheme for a set back and site cover relaxation.
Properly Made Date:	23/02/2016
Information Request Date:	NA
Info Response Received Date:	NA
Date of Site Visit:	02/03/2016
Decision Due Date:	22/03/2016

PROPERTY DETAILS
Property Address:	36 Plover St PEREGIAN BEACH  QLD  4573
RP Description:	Lot 11 P9313
Land Area:	506 Square Metres
Existing Use of Land:	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Eastern Beaches Locality
Planning Precinct / Zone:	Detached Housing Zone
Assessment Type:	Code Assessment

PROPOSAL:

The application seeks approval for building works assessable against the planning scheme. The application proposes extensions to the existing dwelling (roofed verandah), including a in ground pool with glass balustrading and various minor aesthetic improvements to the existing dwelling such as new wall and window finishes and louvre windows.

A locality and proposal plan is included below.

Site Description
Site & Locality Description
Road Frontage	The site has a 15m road frontage to Plover Street.
Existing Significant Vegetation	Nil.
Topography:	The site falls from the front boundary along Plover Street to the rear boundary.
Surrounding Land Uses:	Adjoining land uses consist of a detached dwelling to the north and a reserve abutted by a vacant block to the south. Land uses within the immediate vicinity consist of predominately double and triple storey detached dwellings with unit developments to the north where Plover Street terminates.

The following planning scheme overlays are applicable to this application:

Natural Resources Overlay Code (Coastal protection).

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan;
any applicable state planning policies;
the state planning regulatory provisions; and
any applicable temporary local planning instrument.

The application has also been assessed against the planning scheme, including the following applicable codes:

Building Works Code; and
Natural Resources Overlay Code.

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Setback
Probable Solution S1.1 of the Building Works Code seeks to maintain side boundary setbacks for the purpose of providing amenity for users of the premises and adjoining. Additionally, the corresponding Specific Outcome seeks to maintain the values of acoustic and visual privacy with the opportunity to provide landscaping buffers along common property boundaries.

The application proposes the existing deck to be setback 1.5m from the side boundary and to be roofed which extends the height of the structure from 2.7m to 5.33m approximately. Probable Solution S1.1 requires a minimum setback of 2m for any structure or building exceeding a maximum height of 4.5m. While encroaching within the setback, the proposal is deemed acceptable for reasons including, but not necessarily limited to:

The dwelling of the adjoining landowner to the north appears to be well within the minimum setback;
The existing deck is lawfully setback from the boundary and the proposed roof structure will be the only element of the proposed extension to be sited within the setback;
The proposal does not create any opportunity for users of the premises to overlook onto private open space areas of the adjoining property to the north; and
There will be no additional impacts on the acoustic privacy of the adjoining lot to the north as the proposal relates to the roof structure only.

Site Cover
Probable Solution S11.1 of the Building Works Code requires a maximum site cover (for two or more storey buildings) of 50% for the first storey and 30% for the second storey. The application proposes a site cover of 38% for the lower level and 48% for the upper level. The proposal, while exceeding the schemes site cover provisions presents a building footprint consistent to development both adjoining the premises to the north and within Plover Street. The adjoining detached dwelling to the north appears to have a larger footprint to that of the proposed for the subject site and various three storey developments are located adjacent Plover Street directly across the site.

The impacts of the proposal are deemed acceptable and are at a scale consistent to surrounding development. The proposed extensions will not create a bulky appearance from adjoining properties or adversely impact any amenity values.

Coastal Protection Zone
Specific Outcome O18 of the Natural Hazards and Natural Resources Overlay Code requires a minimum setback of 6m to the seaward boundary. The proposed verandah roof (eave) has a marginal encroachment of 100mm within the setback. The proposal is deemed acceptable and demonstrates compliance with the Overall Outcome of the code as the encroachment will not adversely impact upon natural coastal processes and will not impact visual amenity enjoyed by others. Additionally, various lots along Plover Street have developed well within the required setback.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. PBA16/0007 for a Development Permit for Building Works Assessable against the Planning Scheme (setback and site cover relaxation) situated at 36 Plover St PEREGIAN BEACH QLD 4573 as identified in the attached details recommended for the Decision Notice.

Development Application Number PBA16/0007

1.	APPLICATION DETAILS

Application No:	PBA16/0007
Street Address:	36 Plover St PEREGIAN BEACH  QLD  4573
Real Property Description:	Lot 11 P 9313
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Building Works Assessable against the Planning Scheme for a setback and site cover relaxation.
3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER 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/Document Name	Date
WD.204	B	Proposed Lower Floor Plan, prepared by Carole Tretheway	January, 2016
WD.205	B	Proposed Ground Floor Plan, prepared by Carole Tretheway	January, 2016
WD.206	B	Proposed First Floor Plan, prepared by Carole Tretheway	January, 2016
WD.501	B	North/East Elevation, prepared by Carole Tretheway	January, 2016
WD.502	B	South/West Elevation, prepared by Carole Tretheway	January, 2016
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level.
Setbacks
The proposed extensions to the verandah are to maintain a minimum setback of 1.5m from the northern side boundary (except for a maximum of 600mm eaves which are permitted within the 1.5m setback).

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations  the ACH Act

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (Extensions)

11.	SELF ASSESSABLE CODES

Detached House Code; and
Detached House Driveways Code.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

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DELEGATED AUTHORITY REPORT

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