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Subject Site and Surrounding Area
The subject site is a battle-axe lot, with frontage to Sunrise Road of 11 metres. The site’s access handle
comprises an existing access easement that benefits the adjoining property to the north (#401 Sunrise
Rd). The site contains a number of trees, with the more densely vegetated parts being at the rear and
along the boundaries of the site. The land slopes to the east toward the rear of the site (approx. 27%
gradient overall). It is noted that the planning scheme definition for ‘sloping sites’ refers to properties
with a gradient of 20% or greater. As such, the subject site is considered a ‘sloping site’.

As demonstrated in Figure 1 below, the site is currently improved by an existing Dwelling House, which
will be demolished to accommodate the proposed new Dwelling.




Figure 1 Subject Site & Contour Mapping (Source: Noosa Plan 2020)


Proposal Overview
The proposed new Dwelling and associated access/outbuildings are illustrated within the Building Design
Plans prepared by Reitsma in Attachment 1. Further, the Landscape Plans and Rendered Images
prepared by Conlon Group in Attachment 2 detail the proposed landscape design.

As shown in Figure 2 below, the Dwelling House is sought to be established on the higher (western) half
of the site, with a retaining wall proposed to be constructed adjacent to the western boundary (setback
8m), enabling level vehicle manoeuvring area within the site. Otherwise, the built form generally steps
down with the slope of the site, being constructed into the landform and retaining much of the existing
ground level surrounding the building.




Figure 2 Proposed Development (Conlon Group, 2023)

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The proposed development comprises a contemporary four (4) bedroom Dwelling House, constructed
over two (2) storeys (sub level & ground floor), achieving a maximum building height of 8 metres above
the current ground level and the finished surface level of the site. As depicted in Figure 3 below, the
proposed development presents a high-quality architectural design with ample landscaping over the
balance area of the site, which blends with the natural landscapes to conceal the buildings proposed to
be constructed onsite. Specifically, the onsite landscapes prioritise the creation of buffers along the side
boundaries to maintain and enhance the visual amenity of the adjoining neighbours.

The proposed Dwelling features a combination of light neutral tones, with recessions and projections
provided throughout the built form to aid articulation, variation and visual interest. The proposed
Dwelling provides a high-quality living environment with a focus on providing excellent open space
(including pool) and indoor living areas, each encompassing a mix of subtropical and hinterland themes,
which are evident in Tinbeerwah. Furthermore, the proposed development addresses all site constraints,
such as slope, in a way that will not cause any adverse impacts to surrounding properties (as detailed
throughout the following report sections).




Figure 3 Building Design Imagery (Source: Conlon Group, 2023)


A breakdown of the key development parameters is provided in Table 1 below.

Table 1 Development Particulars
   Development           Permitted/Required                Proposed                         Compliance
   Particulars

   Lot Size              Not specified                     1.428ha / 14,280m2               NA
   Building Height       8 metres and two (2) storeys      8 metres and two (2) storeys     Yes
   Site Cover            30%                               20.85%                           Yes
   Gross Floor Area      500m2                             429.08m2                         Yes
   Private Open Space    Not specified                      •   Balcony & Terrace           NA
                                                            •   Ground level outdoor
                                                                entertainment with pool
                                                            •   Sub-ground Landscaped
                                                                backyard and terrace
   Landscaping           Minimum 20%                       Greater than 20%                 Yes
   Parking               Two (2) spaces                    Two (2) car garage               Yes

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   Setbacks               Frontage – 10m                    Frontage – greater than 10m             Yes
                          Side (north) – 10m                Side (north) – 6.1m                     No
                          Rear (east) – 10m                 Rear (east) – greater than 10m          Yes
                          Side (south) – 10m                Side (south) – 6.2m                     No
                          Side (west) – 10m                 Side (west) – 8.1m                      No
   Cut & Fill             Maximum – 1.5m                    Max. Cut – 3.25m                        No
                                                            Max. Fill 1.84m                         No


Whilst the built form generally steps down with the slope of the site, as the site contains an average
slope of approximately 27%, some cut/fill will be required in order to construct the proposed new
Dwelling House. The majority of cut earthworks will occur at the rear of the Dwelling to create the ‘sub-
ground level’, resulting in changes to site levels greater than 1.5 metres in height relative to the ground
level (3.25m of cut and 1.84m of fill at the highest point of difference). The majority of earthworks will
be confined to the plan area of the Dwelling, ensuring that cut and fill works are retained by the
building’s blockwork walls (refer to Figures 4 and 5 below).




      Greatest point
      of difference




Figure 4 North Facing Section – Proposed Cut/Fill Earthworks (Source: Reitsma & Associates, 2023)




                                                                            Greatest point
                                                                            of difference




Figure 5 South Facing Section – Proposed Cut/Fill Earthworks (Source: Reitsma & Associates)

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Statutory Provisions
A review of the applicable State interests has been carried out with respect to the State Assessment and
Referral Agency’s (SARA) DA Mapping and the Planning Regulation 2017. A review of Schedule 10 of the
Planning Regulation 2017 confirms that the development application is NOT required to be referred to
SARA.


Local Government Considerations – Noosa Plan 2020
Table 2 below, provides a breakdown of the planning scheme particulars, which relate to the subject site
and proposed development.

Table 2 Planning Scheme Particulars

 Planning Instrument                   Noosa Plan 2020

 Zone                                  Rural Residential Zone

 Precinct                              N/A
                                       -     Agricultural Land Conservation Area
                                       -     Biodiversity Waterways and Wetlands (Area of Biodiversity
                                             Significance)
                                       -     Bushfire Hazard
                                                  o High Potential Bushfire Intensity
 Overlays
                                                  o Medium Potential Bushfire Intensity
                                                  o Potential Impact Buffer
                                       -     Landslide Hazard
                                                  o High Hazard Area
                                                  o Moderate Hazard Area
                                       Rural Residential Zone Code
 Codes required to be addressed        Low Density Housing Code
                                       Landslide Hazard Overlay Code

Code Assessment of the Development Application is required to be carried out, due to the proposal
being unable to comply with all the Acceptable Outcomes of the Rural Residential Zone Code. As such, a
comprehensive assessment against the areas of non-compliance with the Zone Code is provided below.

It is noted that the proposed Dwelling House complies in full with the Low Density Housing Code.
Therefore, no further assessment against this Code is required. Further, in accordance with Part 5.9
(Categories of development and assessment – Overlays) of the Planning Scheme, the only Overlay Code
that is required to be assessed is the Landslide Hazard Overlay Code, due to the following:

     •      The Biodiversity Waterways and Wetlands Overlay Code is not required to be assessed as it is not
            required to undertake any vegetation clearing onsite; and,
     •      The Bushfire Hazard Overlay Code is not assessable for Dwelling House development. Further, any new
            Dwelling will be assessed for bushfire safety and nominated a minimum BAL for construction at
            Building Certificaiton stage.

Whilst generally demonstrating compliance with the Acceptable Outcomes of the Zone Code and
Landslide Hazard Overlay Code, some minor variances are proposed, requiring additional assessment
against the corresponding Performance Outcomes. Where the below sections are silent in relation to an
assessable element, the development is seen to comply with that relevant assessment criteria and no

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further assessment is required.


Rural Residential Zone Code
The proposed Dwelling House does not comply with the following Acceptbale Outcomes of the Zone
Code:
     •       Acceptbale Outcome AO6.4 – reduced side boundary setbacks
     •       Acceptbale Outcome AO11.3 – cut or fill greater than 1.5m in depth to natural ground level

The proposed development is considered to comply with the corresponding Performance Outcomes of
the above-mentioned benchmarks, as demonstrated below.

Acceptable Outcome AO6.4 - Reduced side boundary setbacks
Acceptbale Outcome AO6.4 requires building and structures to be setback 10 metres from the side and
rear boundaries of the site, due to the lot exceeding 1ha in size. It is proposed to provide reduced side
boundary setbacks of 6.1 metres to the north, 6.2 metres to the south and 8.9 metres to the west. It is
noted that, should the lot have been less than 1ha in size, the side and rear setbacks would comply being
greater than 6 metres. Further, the proposed setback to the rear boundary is greater than 10 metres.

The reduced setbacks are largely based on the need to position the Dwelling on the flattest section of
the site, which is positioned on the western end of the lot and orientated north to south across the
narrowest section of the lot. As shown in Figure 6 below, two (2) corners of the Dwelling House and part
of the garage wall encroach in the 10m setback. These are minor encroachments and will not impact the
amenity of the neighbouring properties.




Figure 6 Side Setback Encroachments (Reitsma & Associates, 2023)


As notated on Sheet 20 of the Building Design Plans in Attachment 1, the neighbouring Dwellings are
suitably setback from the proposed built form as follows:
         •    21.36 metres to #401 Sunrise Rd (north)
         •    51.72 metres to #67 Regency Rd (south)

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      •   37.23 metres to #391 Sunrise Rd (south-west)
      •   41.73 metres to #393 Sunrise Rd (west)


Further, the surrounding properties provide significant vegetation buffering to the subject site. It is also
proposed to plant new dense landscape buffers along the boundaries of the site, as depicted in
Attachments 1 and 2, such that the proposed reduced setbacks to the buildings and structure onsite will
be entirely concealed from the view of the neighbouring properties. Overall, the reduced setbacks will
not impact upon the visual amenity of the adjoining neighbours and will not detract from the rural
residential character of the area generally.

The proposed development complies with the Performance Outcome PO6 for the following reasons:

     •    All existing vegetation onsite will be preserved to help buffer the new development;
     •    The proposed building design offers a high level of amenity to the future residents with the
          provision of new planting areas that contribute to a densely landscaped bushland residential
          setting;
     •    Onsite landscapes are provided to ensure vegetation buffering of and screening to the
          adjoining premises, supporting the maintenance of visual and acoustic privacy between the
          properties and protection from noise and artificial lighting impacts;
     •    The proposed buildings and structures are suitably separated from Dwelling Houses on the
          adjoining sites to ensure that not loss of breezes or sunlight will occur as a result of the
          encroachments;
     •    The adjoining properties are not used for rural activities;
     •    The new Dwelling is under 8m in height despite being positioned on sloping land. The subdued
          colours, natural materials and overall design of the building means that it will blend in with the
          natural surrounds;
     •    Due to the battle-axe lot arrangement, the proposed development will not be seen from the
          street; and,
     •    As it is proposed to retain all vegetation onsite, the proposal will protect the natural character
          of the premises and avoid adverse impacts on ecologically important areas.

Overall, the proposed Dwelling House complies with the PO6 of the Rural Residential Code and should be
supported on the above-mentioned basis.


Acceptable Outcome AO11.3 – Cut and fill exceeding 1.5m in depth relative to natural ground
Acceptable Outcome AO11.3 seeks that cut or fill is less than 1.5 metres in depth relative to natural
ground level.

As demonstrated by the section drawings (Sheets 32-39) of the Building Design Plans in Attachment 1, it
is proposed to carry out cut and fill works to create level buildings pads onsite for the proposed split-
level floor layout. It is noted that the lower level of the Dwelling is provided as a sub-floor, situated
partially below ground with the finished surface levels around the house remaining largely unchanged.
The greatest change in ground level will therefore occur within the floor plan of the building, with cut
and fill retained by the walls of the building. Overall, the proposed earthworks will result in maximum
depths relative to ground level of 3.24 metres cut and 1.84 metres fill to create the split-level building
pads.

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The proposed Dwelling House and associated earthworks, however, comply with PO11 on the following
basis:
 •       The building design comprises split-level construction to avoid the need to create large slab on
         ground floorplates and minimise earthworks on the sloping site to the greatest extent possible;
 •       As illustrated by the rendered built form images and landscape design in Attachment 2, the
         proposed Dwelling House development is visually responsive to the natural topography and
         landscape of the site, sitting within the landform and natural vegetated surrounds rather than
         dominating it. Overall, a key objective of the design is landscape buffering/screening from the
         adjoining sites;
 •       The proposal retains all existing vegetation onsite, which notably contributes to the screening and
         softening of the built form;
 •       The cut/fill earthworks will not be visible from surrounding sites (given its location and the
         proposed landscape buffering) and, will not occur within proximity to the site boundaries in a way
         that would contribute to increased fence heights; and,
 •       The subdued brown/sand colours, natural materials (i.e. timber) and overall design of the building
         means that it will blend in with the vegetated rural residential surrounds, complementing the
         natural setting and integrating with the landscape and skyline generally.


Landslide Hazard Overlay
Given that the site is mapped as being subject to Landslide Hazard, a site-specific landslide risk
assessment report is required to be produced to demonstrate that the proposed development would
not trigger a landslide event within or outside the property boundaries.


The Landslide Risk Assessment prepared by Qualtest Laboratory in Attachment 3 provides an
assessment of the landslide risk present onsite currently and upon completion of the proposed Dwelling
House construction. Further, the report provides recommendations to reduce the residual risk of
landslide to a Low (or better) category. Refer to section 2.5 “Landslide Risk Mitigation Strategy” of
Attachment 3, which lists recommendations for cut and fill support mechanisms, type of fill to import (if
applicable), stormwater management measures, footings, erosion control, retaining walls and
wastewater and sewerage systems. It is recommended that Council condition compliance with the
report recommendations, which following implementation, decreases the risk of landslide events from
“Moderate” to “Low”.


The report supplied in Attachment 3 suitably addresses the provisions of the Landslide Hazard Overlay
Code and no further assessment is required.


Conclusion
This planning report has been prepared on behalf of Kurt and Sally Dahl and demonstrates that approval
of the proposed Dwelling House at 399 Sunrise Road, Tinbeerwah, is warranted, subject to reasonable
and relevant conditions on the following basis:

     •     The proposed Dwelling House design complies in full with the Low Density Housing Code;
     •     The proposed Dwelling House is not an overdevelopment of the site, given that the building
           design provides complying site coverage, building height and front/rear boundary setback
           outcomes;
     •     The development generally complies with the relevant Assessment Benchmarks provided within
           the Rural Residential Zone Code, with any departures from the Acceptable Outcomes of the

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        Code suitably justified against the corresponding Performance Outcomes;
    •   The proposed Dwelling House has been designed to ensure the privacy and amenity of future
        residents of the Dwelling, as well as for the residents of the adjoining properties;
    •   The retention of the existing vegetation onsite and proposal to plant new landscape buffers
        along the boundaries of the site ensures that the proposed reduced setbacks to the building
        will be entirely concealed from the view of the neighbouring properties; and,
    •   The building design comprises split-level construction to avoid the need to create large slab on
        ground floorplates and minimise earthworks on the sloping site to the greatest extent possible.

On the basis of the assessment contained within this report, it is requested that Council favourably
consider the development proposal subject to reasonable and relevant conditions.


ADAMS + SPARKES
TOWN PLANNING




ASPEN DUNN                       MAX SHADFORTH
TOWN PLANNER                     TOWN PLANNER